Appellate Division: Second Judicial Department

M305065

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2025-01483, 2025-02799 In the Matter of Adam T. (Anonymous), petitioner-respondent, v Rebekah R. (Anonymous), respondent-respondent; Shadow T. (Anonymous), et nonparty-appellants. (Appeal No. 1) In the Matter of Adam T. (Anonymous), appellant, v Rebekah R. (Anonymous), respondent. (Appeal No. 2) (Docket Nos. V-1601-2017/2020G, V-1601-2017/2020H, V-1601-2017/2022J, V-1602-2017/2020G, V-1602-2017/2020H, V-1602-2017/2022J)

DECISION & ORDER ON MOTION al.,

Appeal by Shadow T. and River T. from an order of the Family Court, Dutchess County, dated December 20, 2024, and appeal by Adam T. from an order of the same court dated November 27, 2024. Motion by the appellant Adam T. for waiver of costs, fees, and expenses and for the assignment of counsel. Motion by the attorney for the children to be relieved and for a new attorney for the children to be assigned to perfect the appeals. The following named attorney was assigned as attorney for the children by the Family Court, Dutchess County:

Michael J. O'Connor

224 Church St.

Poughkeepsie, NY 12601

845-483-0730

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated November 27, 2024, is deemed to be a premature notice of appeal from the order dated December 20, 2024 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion by Adam T. which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and 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 branches of the motion by Adam T. which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the motion by the attorney for the children is granted, and said attorney for the children is directed to turn over all papers in the action to new attorneys for the children herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as attorney for the child, appellant Shadow T.:

Bonnie Brennan

10 Lakeside Drive

New Windsor, NY 12553

845-496-5590

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as attorney for the child, appellant River T.:

Steven P. Forbes

223 Wall St., Ste. 143

Huntington, NY 11743

(718) 791-8444

and it is further,

ORDERED that the attorneys for the children 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 the attorneys for the children are directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

DILLON, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court