Appellate Division: Second Judicial Department

M304050

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

WILLIAM G. FORD

PHILLIP HOM, JJ.

2023-10610 Lizbeth Waddell, respondent, v Robert A. Waddell, appellant. (Index No. 35564/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated August 3, 2023. Motion by the appellant for waiver of costs, fees, and expenses, for the assignment of counsel, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for the assignment of counsel is granted to the extent that pursuant to Judiciary Law § 35 and Family Court Act § 1120, the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation and the proceeding pursuant to Family Court Act article 8:

Ilene K. Graff

5 So. Little Tor Road

New City, NY 10956

845-638-2726

and that branch of the motion is otherwise denied; and it is further;

ORDERED that the branch of the motion which is to waive the filing fee and to proceed on the original papers is granted, the filing fee is waived, 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; the parties 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; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); additionally, the appellant's assigned counsel is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the branch of the motion which is for free transcripts is granted to the extent that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings with respect to the issues of custody and visitation, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the appellant's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme Court and one transcript shall be delivered to the appellant's assigned counsel; and that branch of the motion is otherwise denied. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before June 2, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the Supreme Court, Rockland County.

BARROS, J.P., WOOTEN, FORD and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court