Appellate Division: Second Judicial Department

M309160

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

PHILLIP HOM

ELENA GOLDBERG VELAZQUEZ, JJ.

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 and for the assignment of counsel. Motion by the attorney for the child to extend the time to serve and file a brief. Motion by Rachel Ambats for leave to withdraw as counsel for the respondent Robert Battipaglia.

Upon the papers filed in support of the motion by the respondent Linda Battipaglia and the motion by Rachel Ambats and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the attorney for the child and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent Linda Battipaglia for waiver of costs, fees, and expenses and for the assignment of counsel is granted, and pursuant to Family Court Act 1120, the following named attorney is assigned as counsel for the respondent Linda Battipaglia to respond to the appeal:

Joan Iacono

2 Overhill Road, Ste. 400

Scarsdale, New York 10583

914-961-0565

and it is further,

ORDERED that the respondent Linda Battipaglia's time to serve and file a brief is

extended, and on or before December 8, 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; and it is further,

ORDERED that assigned counsel for the respondent Linda Battipaglia shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion by the attorney for the child to extend the time to serve and file a brief is granted, and on or before December 8, 2025, the attorney for the child shall serve and file a 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; and it is further,

ORDERED that no further extension of time shall be granted to the attorney for the child; and it is further

ORDERED that the motion by Rachel Ambats for leave to withdraw as counsel for the respondent Robert Battipaglia is dismissed for failure to provide proof of service in accordance with the terms of the order to show cause.

DUFFY, J.P., WOOTEN, HOM and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court