Appellate Division: Second Judicial Department

M303308

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2024-03476 In the Matter of Maria F. Simonetti, appellant, v Gerard A. Simonetti, respondent. (Docket No. V-6985-2024)

DECISION & ORDER ON MOTION

Appeal by Maria F. Simonetti from an order of the Family Court, Kings County, dated April 3, 2024. Motion by the appellant, inter alia, in effect, to stay enforcement of the order, pending hearing and determination of the appeal, and for waiver of costs, fees, and expenses. Separate motion by the appellant, inter alia, for summary reversal of the order and for waiver of costs, fees, and expenses.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal 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 the branches of the motions which are to waive the filing fee and for free transcripts, are granted; and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when the appellant serves the appellant's brief upon those parties; and it is further,

ORDERED that the filing fee is waived; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that the appellant shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court