| Matter of Battipaglia v Battipaglia |
| Motion No: 2024-12693 |
| Slip Opinion No: 2025 NY Slip Op 74979(U) |
| Decided on August 22, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M307407
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
ELENA GOLDBERG VELAZQUEZ, JJ.
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2024-12693, 2024-12695 In the Matter of Elizabeth Battipaglia, appellant, v Robert Battipaglia, et al., respondents. (Proceeding No. 1)
In the Matter of Linda Battipaglia, petitioner- respondent, v Elizabeth Johnson, appellant, Robert Battipaglia, respondent-respondent. (Proceeding No. 2) (Docket Nos. V-5553-2018, V-2262-2021, V-5537-2018)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Family Court, Richmond County, dated October 3, 2024, and October 2, 2024, respectively. Motion by the respondent Linda Battipaglia for waiver of costs, fees, and expenses, for the assignment of counsel, and to extend the time to serve and file a brief.
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 branches of the motion which are for waiver of costs, fees, and expenses, and for the assignment of counsel are denied with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the respondent Linda Battipaglia's affidavit setting forth (1) the respondent Linda Battipaglia's full financial situation including all assets, both real and personal, as well as any and all sources of income, (2) whether the respondent Linda Battipaglia was represented by assigned counsel or retained counsel in the Family Court and, if retained, the amount and source of counsel fees paid to retained counsel, and (3) the amount and source of money used to pay for hearing transcripts; and it is further,
ORDERED that the respondent Linda Battipaglia's time to serve and file a brief is extended, and on or before September 22, 2025, the respondent Linda Battipaglia shall serve and file her 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.
CONNOLLY, J.P., CHRISTOPHER, FORD and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court