Appellate Division: Second Judicial Department

M305461

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2024-06988, 2024-07061 In the Matter of Coleen D'Adonna, petitioner- respondent, v Danielle D'Adonna, respondent- appellant, et al., respondent. (Proceeding No. 1) In the Matter of Danielle D'Adonna, petitioner- appellant, v Coleen D'Adonna, respondent- respondent. (Proceeding No. 2) In the Matter of Colleen D'Addona, etc., petitioner-respondent, v Danielle D'Addona, respondent-appellant. (Proceeding No. 3) (Docket Nos. O-900-2022, O-920-2022, V-292-2022/2022B, V-293-2022/2022B, V-292-2022/2023C, V-293-2022/2023C)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Putnam County, both dated June 20, 2024. By order to show cause dated April 4, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated January 29, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and 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 motion to dismiss the appeals is denied; and it is further,

ORDERED that the motion for waiver of costs, fees, and expenses and for the assignment of counsel is granted; and it is further,

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

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Gary E. Eisenberg

10 Esquire Road, Ste. 10

New City, NY 10956

845-634-0135

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

MILLER, J.P., DOWLING, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court