Appellate Division: Second Judicial Department

M307396

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-01153, 2024-01458 In the Matter of Lauren A. Soto, appellant, v Joshuah Q. Vaughan, respondent. (Proceeding No. 1) In the Matter of Joshuah Q. Vaughan, respondent, v Lauren A. Soto, appellant. (Proceeding No. 2) (Docket Nos. V-2781-2023, V-2786-2023)

DECISION & ORDER ON MOTION

Appeals by Lauren A. Soto from two orders of the Family Court, Orange County, both dated January 19, 2024, which were dismissed by decision and order on motion of this Court dated July 26, 2024, for failure to comply with a scheduling order dated February 21, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant to vacate the dismissal of the appeals, for waiver of costs, fees, and expenses, for the assignment of counsel, and to extend the time to perfect the appeals.

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 to vacate the dismissal of the appeals and to extend the time to perfect the appeals is granted, the dismissal of the appeals is vacated, and the appellant's time to perfect the appeals by causing the original papers constituting the records on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until October 21, 2025; and it is further,

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 appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, (2) whether the appellant 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.

CONNOLLY, J.P., CHRISTOPHER, FORD and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court