Appellate Division: Second Judicial Department

M303749

JV/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2025-00196 In the Matter of Alexander D. (Anonymous), petitioner-appellant-respondent, v Libby C.-O. (Anonymous), respondent-respondent, Angelina O. (Anonymous), respondent-respondent-appellant; Anna P. O. (Anonymous), nonparty-appellant-respon (Proceeding No. 1) In the Matter of Libby C.-O. (Anonymous), petitioner-respondent, Angelina O. (Anonymous), petitioner-respondent-appellant, v Alexander D. (Anonymous), respondent-appellant-respondent; Ann (Anonymous), nonparty-appellant-respondent. (Proceeding No. 2) (Docket Nos. V-6317-22016/022Q, V-6317-2023T, V-6317-2024U, V-6238-2016/2022P,V-6238-2016/2023U, V-6238-2016/2024V)

ORDER ON CERTIFICATION Assignment of Counsel dent. a P. O.

On the Court's own motion, it is

ORDERED that the order on certification dated March 12, 2025, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Appeals by Alexander D. and Anna P. O. and cross-appeal by Angelina O. from an order of the Family Court, Westchester County, dated December 11, 2024. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of David J. Peck, dated December 31, 2024, it is

ORDERED that the cross-appellant Angelina O. is granted waiver of costs, fees, and expenses on the cross-appeal, and the following named attorney is assigned as counsel to prosecute the cross-appeal:

Nancy C. Nissen

333 Mamaroneck Avenue, #185

White Plains, NY 10605

914-725-2199

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the cross-appellant Angelina O. at the address provided by this Court, and on or before April 11, 2025, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the cross-appellant Angelina O. is interested in prosecuting the cross-appeal, or

(2) the cross-appellant Angelina O. is not interested in prosecuting the cross-appeal, or that she has been unable to contact the cross-appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that the cross-appeal by Angelina O. 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 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 cross-appellant's assigned counsel, 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 cross-appellant's assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals and cross-appeal, including the attorney for the child, if any, when counsel serves the cross-appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the cross-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 upon a determination that the cross-appellant Angelina O. is interested in proceeding with the cross-appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals and cross-appeal are taken.

LASALLE, P.J., DILLON, DUFFY and BARROS, JJ., and CONNOLLY, JJ. concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.