Appellate Division: Second Judicial Department

M302687

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2024-08654 In the Matter of Ivan Gordon, appellant, v Bopha Ngoun, respondent. (Docket No. V-12787-2018/2022D)

DECISION & ORDER ON MOTION

2024-13280

In the Matter of Ivan Gordon, appellant,

v Bopha Ngoun, respondent.

(Docket No. V-12787-2018/2022D)

Appeals by Ivan Gordon from two orders of the Family Court, Queens County, dated July 30, 2024, and October 21, 2024, respectively. Motion by the appellant pro se for waiver of costs, fees, and expenses, for the assignment of counsel on the appeal from the order dated October 21, 2024, and to consolidate the appeals. Application by the appellant to extend the time to perfect the appeal from the order dated July 30, 2024.

Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are for waiver of costs, fees, expenses and the assignment of counsel on the appeal from the order dated October 21, 2024, are granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the appeal from the order dated October 21, 2024, 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; 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's 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 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal from the order dated October 21, 2024:

Heath J. Goldstein

90-50 Parsons Blvd., Ste. 214

Jamaica, NY 11432

646-436-1052

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal from the order dated October 21, 2024, 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 the application is granted, and the appellant's time to perfect the appeal from the order dated July 30, 2024, 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 March 10, 2025; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

CONNOLLY, J.P., MILLER, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court