Appellate Division: Second Judicial Department

M305475

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2023-10371 Kimberly Werner, appellant, v William Bench, respondent. (Index No. 2246/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 6, 2023. Motion by assigned counsel for the appellant to be relieved of the assignment to prosecute the appeal with respect to issues of custody and visitation and for the assignment of new counsel. By decision and order on motion of this Court dated October 2, 2024, the appellant was granted waiver of costs, fees, and the following named attorney was assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Jennifer A. Arditi

69-06 Grand Avenue

Maspeth, NY 11378

718-426-0444

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

William David Eddy

One Barker Avenue, Ste.230

White Plains, NY 10601

914-949-0109

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal with respect to custody and visitation 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 order upon the clerk of the court from which the appeal is taken.

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

ENTER:

Darrell M. Joseph

Clerk of the Court