Appellate Division: Second Judicial Department

M311670

KL/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2025-15519, 2025-15522 In the Matter of Harold D. Ezzell, petitioner-respondent-appellant, v Gabriella N. Garrett, respondent- appellant-respondent. (Appeal No. 1) In the Matter of Harold D. Ezzell, petitioner-respondent, v Gabriella N. Garrett, respondent- appellant. (Appeal No. 2) (Docket No. V-10163-2020/2024F)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Gabriella N. Garrett from a final order and an order of the Family Court, Kings County, both dated December 16, 2025, and cross-appeal by Harold D. Ezzell from the final order dated December 16, 2025. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Michael D. Carlin, dated December 22, 2025, it is

ORDERED that the appellant-respondent Gabriella N. Garrett is granted waiver of costs, fees, and expenses on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:

Thomas R. Villecco

30 Wall St., 8th Fl.

New York, N.Y. 10005

212-925-0320

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant-respondent at the address provided by this Court, and on or before March 27, 2026, shall notify the Case Manager assigned to the appeals and cross-appeal, in writing, that he has done so and that either

(1) the appellant-respondent is interested in prosecuting the appeals, or

(2) the appellant-respondent is not interested in prosecuting the appeals, or that he has been unable to contact the appellant-respondent, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals and cross-appeal 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 stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant-respondent's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals and cross-appeal, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel 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 upon a determination that the appellant-respondent is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals and cross-appeal are taken.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.