Appellate Division: Second Judicial Department

M309735

E/afa

MARK C. DILLON, J.P.

WILLIAM G. FORD

LAURENCE L. LOVE

JAMES P. MCCORMACK, JJ.

2025-03274 In the Matter of David. J. B. (Anonymous), responde v Andrea B. (Anonymous), appellant-respondent; Oliver J. B. (Anonymous), nonparty-respondent-appe (Docket No. V-843-2021)

DECISION & ORDER ON MOTION nt, llant

Appeal and cross-appeal from an order of the Family Court, Dutchess County, dated February 28, 2025. The respondent, David J. B., was represented by Patrick S. Tittle, Esq. By opinion and order of this Court dated June 18, 2025, Patrick S. Tittle, Esq., was suspended from the practice of law for a period of three years, commencing July 18, 2025. Counsel for the appellant-respondent served upon the respondent a notice pursuant to CPLR 321(c) to appoint new appellate counsel.

Now, on the Court's own motion, it is

ORDERED that in compliance with CPLR 321(c) and People v Garcia (93 NY2d 42):

THE RESPONDENT, DAVID J. B., IS HEREBY ADVISED:

A. that he has the right to the assistance of counsel in connection with this appeal;

B. that if the respondent has insufficient means to retain counsel he may make an application to this Court for the assignment of counsel, and, upon proof regarding his financial status, one will be appointed for him;

C. That he has the right to forgo the assistance of counsel and to file a brief pro se; and it is further,

ORDERED that on or before January 2, 2026, the respondent is directed to either (1) move for the assignment of counsel to represent him; (2) retain counsel to represent him, who shall file a notice of appearance; or (3) file the attached waiver indicating his intent to proceed pro se; and it is further,

ORDERED that in the event that the respondent fails to comply with the foregoing paragraph the appeal and cross-appeal will be deemed submitted without his brief; and it is further,

ORDERED that no further actions may be taken against the respondent concerning this appeal, without leave of court, until January 2, 2026; and it is further,

ORDERED that the Clerk of the Court or his designee shall serve a copy of the order upon the respondent via regular mail and upon counsel for the parties via email.

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, David. J. B., understand that I have the right to be represented by an attorney in prosecuting my appeal. If I possess insufficient means to retain counsel, one will be assigned to represent me at State expense. I understand that if I elect to waive my right to counsel and I am incarcerated at the time my appeal is heard, the Court will not permit me to present oral argument. Knowing these rights I voluntarily elect to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer.

David. J. B.

State of

County of

On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared David. J. B., personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.

Notary Public

DILLON, J.P., FORD, LOVE and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court