Appellate Division: Second Judicial Department

M312141

ID/

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

CARL J. LANDICINO

LAURENCE L. LOVE, JJ.

2024-08294 In the Matter of Katia M. Rojas Garcia, appellant, v Dean E. Andrikut, respondent. (Docket No. F-2494-2018/2023B)

DECISION & ORDER ON MOTION

2025-02652

In the Matter of Dean E. Andrikut, respondent,

v Katia M. Rojas Garcia, appellant.

(Docket Nos. V-5547-2017, V-6647-2017/2023F)

2025-03157

In the Matter of Katia M. Rojas Garcia,

appellant, v Dean Andrikut, respondent.

(Docket No. F-2494-2018/2023B)

2025-07378

In the Matter of Katia M. Rojas Garcia, appellant,

v Dean Andrikut, respondent.

(Docket No. F-2494-2018/2023B)

Appeals from four orders of the Family Court, Orange County, dated August 19, 2024, February 26, 2025, February 10, 2025, and May 20, 2025, respectively. Motion by the appellant, inter alia, in effect, for leave to reargue her prior motion for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated August 19, 2024, which was determined by decision and order on motion of this Court dated November 18, 2024, and to extend the time to perfect the appeal from the order dated August 19, 2024. Separate motion by the appellant, inter alia, to consolidate the appeals from the orders dated August 19, 2024, February 26, 2025, and February 10, 2025, for waiver of costs, fees, and expenses and for the assignment of counsel on the appeals from the orders dated February 26, 2025, and February 10, 2025, and to extend the time to perfect the appeals from the orders dated February 26, 2025, and February 10, 2025. Separate motion by the appellant to stay enforcement of the order dated February 26, 2025, pending hearing and determination of the appeals. Separate motion by the appellant for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated May 20, 2025.

Upon the papers filed in support of the motion to stay enforcement of the order dated February 26, 2025, and the papers filed in opposition thereto, and upon the papers filed in support of the other motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion the appeal from the order dated February 26, 2025, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion to stay enforcement of the order dated February 26, 2025, is denied as academic; and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals from the orders dated August 19, 2024, and February 10, 2025, with the appeal from the order dated February 26, 2025, for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated February 26, 2025, and to extend the time to perfect the appeal from the order dated February 26, 2025, are denied as academic; and it is further

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated August 19, 2024, with the appeal from the order dated February 10, 2025, is denied as unnecessary as the appeals from the orders dated August 19, 2024, and February 10, 2025, may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branches of the motions which are, in effect, for leave to prosecute the appeals from the orders dated February 10, 2025, and May 20, 2025, on the original papers are denied as unnecessary (see Family Ct Act § 1116), and the appeals from the orders dated February 10, 2025, and May 20, 2025, 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 branches of the motions which are, in effect, to waive the filing fee, for free transcripts, and for the assignment of counsel on the appeals from the orders dated February 10, 2025, and May 20, 2025, are denied; and it is further,

ORDERED that the branches of the motions which are to extend the time to perfect the appeals from the orders dated August 19, 2024, and February 10, 2025, are granted, and the time to perfect the appeals from the orders dated August 19, 2024, and February 10, 2025, by causing the original papers constituting the record 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 April 20, 2026; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the order dated May 20, 2025, by causing the original papers constituting the record 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 April 20, 2026; and it is further,

ORDERED that the motions are otherwise denied.

CHAMBERS, J.P., BRATHWAITE NELSON, LANDICINO and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court