Appellate Division: Second Judicial Department

M304993

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2024-00032 In the Matter of William F. Foley, appellant, v Jessie-Marie Morales, respondent. (Docket Nos. O-1468-2023, V-1025-2022/2023D, V-1025-2022/2023G, V-1028-2022-2023D, V-1028-2022/2023G)

DECISION & ORDER ON MOTION

2025-00422

In the Matter of William F. Foley, appellant,

v Jessie-Marie Morales, respondent.

(Docket Nos. V-1025-2022/2023H,

V-1026-2022/202H, V-1027-2022/2023H,

V-1028-2022/2023H, V-1025-2022/2024S,

V-1026-2022/2024S, V-1027-2022/2024S,

V-1028-2022/2024S)

Appeals from two orders of the Family Court, Orange County, dated November 28, 2023, and November 26, 2024, respectively. Motion by the attorney for the children, inter alia, to consolidate the appeals and to extend the time to serve and file a brief. Separate motion by the attorney for the children to dismiss the appeal from the order dated November 28, 2023, on the ground that it was superceded by the order dated November 26, 2024. Motion by the respondent to dismiss the appeal from the order dated November 28, 2023, on the ground that it was superceded by the order dated November 26, 2024. Motion by the appellant for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated November 26, 2024.

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

ORDERED that the motions to dismiss the appeal from the order dated November 28, 2023, are denied; and it is further,

ORDERED that the branch of the motion by the attorney for the children which is to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by the attorney for the children which is to extend the time to serve and file a brief on the appeal from the order dated November 26, 2024, is denied as premature as that appeal has not been perfected; and it is further,

ORDERED that the branch of the motion by the attorney for children which is to extend the time to serve and file a brief on the appeal from the order dated November 28, 2023, is granted, and on or before June 9, 2025, the attorney for the children shall serve and file a brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the attorney for the children, is otherwise denied; and it is further,

ORDERED that the branch of the motion by the appellant which is for leave to prosecute the appeal from the order dated November 26, 2024, on the original papers is denied as unnecessary (see Family Ct Act § 1116), 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 motion by the appellant which are to waive the filing fee, for free transcripts, and for the assignment of counsel on the appeal from the order dated November 26, 2024, are denied.

CONNOLLY, J.P., MILLER, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court