Appellate Division: Second Judicial Department

M311576

ID/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

LILLIAN WAN

PHILLIP HOM, JJ.

2023-10371 Kimberly Werner, appellant, v William Bench, respondent. (Index No. 2246/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 6, 2023. Motion by the appellant to relieve counsel assigned to prosecute the appeal with respect to issues of custody and visitation, for the assignment of new counsel, and for an extension of time to perfect the appeal. Motion by assigned counsel for the appellant to be relieved of the assignment to prosecute the appeal with respect to issues of custody and visitation and for the assignment of new counsel. By decision and order on motion of this Court dated July 16, 2025, the appellant was granted waiver of costs, fees, and expenses and the following named attorney was assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Daniel Lawrence Pagano

214 Mamaroneck Avenue, Suite 201

White Plains, NY 10601

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the appellant which is to relieve counsel assigned to prosecute the appeal with respect to issues of custody and visitation and for the assignment of new counsel, and the motion by assigned counsel, are granted, and said assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Scott H. Stone

222 Bloomingdale Road Suite 301

White Plains, NY 10605

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion by the appellant which is to extend the time to perfect the appeal is granted, and on or before April 2, 2026, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., BRATHWAITE NELSON, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court