Appellate Division: Second Judicial Department

M308387

AFA/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

HELEN VOUTSINAS

DONNA-MARIE E. GOLIA, JJ.

2025-00438 Jennifer Buscarello, respondent, v Michael Buscarello, appellant. (Index No. 53124/2018)

DECISION & ORDER ON MOTION

2025-00446

Jennifer Buscarello, plaintiff-respondent,

v Michael Buscarello, appellant; Stephen

R. Markman, etc., nonparty-respondent.

(Index No. 53124/2018)

2025-04495

Jennifer Buscarello, respondent,

v Michael Buscarello, appellant.

(Index No. 53124/2018)

Appeals from three orders of the Supreme Court, Kings County, dated November 12, 2024, December 10, 2024, and March 27, 2025, respectively. Motion by the appellant to consolidate 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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is granted to the extent that pursuant to Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeals with respect to issues of custody and visitation:

Lewis S. Calderon

155-03 Jamaica Avenue

Jamaica, NY 11432

718-570-6160

and that branch of the motion is otherwise denied; and it is further;

ORDERED that the branch of the motion which is to waive the filing fee and to proceed on the original papers is granted, the filing fee is waived, 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; the parties 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; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); additionally, the appellant's assigned counsel is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the branch of the motion which is for free transcripts is granted to the extent that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings with respect to the issues of custody and visitation, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the appellant's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme Court and one transcript shall be delivered to the appellant's assigned counsel; and that branch of the motion is otherwise denied. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that assigned counsel shall prosecute the appeals 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 the branch of the motion which is to extend the time to perfect the appeals is granted, 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 November 3, 2025; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the Supreme Court, Kings County.

IANNACCI, J.P., MILLER, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court