Appellate Division: Second Judicial Department

M303267

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2024-10037, 2024-10039 In the Matter of Adriano R. Jimenez, appellant, v Jessica Sanchez, respondent. (Proceeding No. 1) In the Matter of Jessica Sanchez, respondent, v Adriano Rafael Jimenez, appellant. (Proceeding No. 2) (Docket Nos. F-3964-2016/2024K, F-3964-2016/2023J, F-3964-2016/2023I)

DECISION & ORDER ON MOTION

2024-11749

In the Matter of Adriano Rafael Jimenez,

appellant, v Jessica Sanchez, respondent.

(Docket No. F-3964-2016/2024K)

Appeals from three orders of the Family Court, Westchester County, dated September 19, 2024, May 31, 2024, and October 25, 2024, respectively. Motion by the appellant, inter alia, in effect, to stay enforcement of the orders, pending hearing and determination of the appeals. Separate motion by the appellant for waiver of costs, fees, and expenses and the assignment of counsel.

Upon the papers filed in support of the motion, inter alia, to stay enforcement of the orders and the papers filed in opposition thereto, and upon the papers filed in support of the motion for waiver of costs, fees, and expenses and the assignment of counsel and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated September 19, 2024, is dismissed on the ground that no appeal lies from an order of a support magistrate before objections have been reviewed by a judge of the Family Court (see Family Ct Act § 439[e]); and it is further,

ORDERED that the branches of the motions which are to, in effect, stay enforcement of the order dated September 19, 2024, and for waiver of costs, fees, and expenses and the assignment of counsel on the appeal from the order dated September 19, 2024, are denied as academic; and it is further,

ORDERED that the branches of the motion which are, inter alia, to stay enforcement of the orders dated May 31, 2024, and October 25, 2024, are denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals from the orders dated May 31, 2024, and October 25, 2024, on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals from the orders dated May 31, 2024, and October 25, 2024, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act § 1116); and it is further,

ORDERED that branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel on the appeals from the orders dated May 31, 2024, and October 25, 2024, are denied.

CHAMBERS, J.P., WOOTEN, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court