Opinion
2022-60617 Motion 2021-04108
01-20-2022
In the Matter of a Family Offense Proceeding Under Article 8 of the Family Court Act v. Mark R., Respondent-Appellant. Tatyana M., Petitioner-Respondent, Docket No. O-28901-17 Case Nos. 2021-02037, 2021-02010, 2020-02883
Linda Diaz, Esq., Lawyers for Children, Inc., Attorney of the Child.
Unpublished Opinion
MOTION DECISION
Linda Diaz, Esq., Lawyers for Children, Inc., Attorney of the Child.
Present - Hon. Rolando T. Acosta, Presiding Justice, Jeffrey K. Oing, Lizbeth González, Bahaati E. Pitt, John R. Higgitt, Justices.
An appeal having been taken to this Court from a Decision after Fact-Finding of the Family Court, New York County, entered on or about April 20, 2020 (Case No. 2020-02883), and an order of this Court having been entered on August 27, 2020 (M-2199), inter alia, granting respondent-appellant's motion for leave to prosecute the appeal as a poor person and assigning Daniel R. Katz, Esq., as counsel to prosecute the appeal, and
Appeals having been taken to this Court from an Order of Disposition and an Order of Protection of the Family Court, New York County, both entered on or about February 01, 2021 (Case No. 2021-02010 and Case No. 2021-02037) and an order of this Court having been entered on September 9, 2021 (M-2021-02575) in Case Number 2021-02037, inter alia, granting respondent-appellant's motion for leave to prosecute the appeal from the two orders as a poor person and assigning Larry S. Bachner, Esq. as counsel to prosecute same, and the appeal having been perfected.
And respondent-appellant, by Larry S. Bachner, Esq., having moved for an order: (a) consolidating the pending appeals and assigning Larry S. Bachner, Esq. to prosecute the appeal from both the Order of Fact-Finding and the Order of Disposition, or dismissing the appeal from the fact-finding decision as academic and subsumed within the appeal from the final Order of Protection; and (b) directing the New York County Family Court Transcription Clerk to furnish the transcript of January 16, 2020 and all trial exhibits;
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that the appeals are consolidated and Larry S. Bachner, Esq. assigned as counsel for respondent to prosecute all appeals. The designation of Daniel R. Katz, Esq., as assigned counsel to prosecute respondent's appeal from a decision after fact- entered on or about April 20, 2020 (Case No. 2020-02883) is stricken.