Appellate Division: Second Judicial Department

M304620

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-08272, 2025-04735, 2025-04737 In the Matter of Frank Jenkins, appellant, v Leah Rodriguez, respondent. (Docket No. F-4951-2022/23A)

DECISION & ORDER ON MOTION

Appeals from three orders of the Family Court, Queens County, dated July 16, 2024, August 12, 2024, and August 14, 2024, respectively. The appeal from the order dated July 16, 2024, was dismissed by decision and order on motion of this Court dated September 11, 2024. Motion by the appellant, inter alia, in effect, to recall and vacate the decision and order on motion of this Court dated September 11, 2024, to stay all proceedings in the above-entitled proceeding, pending hearing and determination of the appeals, and for waiver of costs, fees, and expenses and for the assignment of counsel.

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 in effect, to recall and vacate the decision and order on motion of this Court dated September 11, 2024, is granted, the decision and order on motion of this Court dated September 11, 2024, is recalled and vacated; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated August 12, 2024, August 14, 2024, are dismissed, without costs or disbursements, on the ground that no appeal lies from orders 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 branch of the motion which is for leave to prosecute the appeal from the order dated July 16, 2024, 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 motion is otherwise denied.

DILLON, J.P., CHAMBERS, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court