Appellate Division: Second Judicial Department

M306573

KL/

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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 11, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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:

Daniel Lawrence Pagano

214 Mamaroneck Ave., Ste 201

White Plains, NY 10601

(914) 734-1915

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

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.