Opinion
Motion No: M-371
04-05-2018
In the Matter of a Visitation Proceeding Under Article 6 of the Family Court Act. CONFIDENTIAL Kenneth J., Docket Nos. V-43284-10/16K Petitioner-Appellant,V-43284-10/16J V-43284-10/16I v. V-43284-10/17L Lesley B., Respondent-Respondent. In the Matter of a Family Offense Proceeding Under Article 8 of the Family Court Act. CONFIDENTIAL Docket No. O-16341/17 Lesley B., Petitioner-Respondent, v. Kenneth J., Respondent-Appellant.
Separate appeals having been taken by petitionerespondent-appellant, Kenneth J., from orders of the Family Court, New York County, entered on or about June 27, 2017 (Visitation Proceeding), and on or about September 6, 2017 (Family Offense Proceeding), respectively, And an order of this Court having been entered on December 12, 2017 (M-4839), granting petitioner-appellant's motion for civil poor person relief, and denying so much of the motion which sought the assignment of counsel (Visitation Proceeding), And an order of this Court having been entered December 28, 2017 (M-5291), denying petitioner/respondent-appellant's request to consolidate the aforesaid appeals; denying his request to prosecute the appeal from the order entered on or about September 6, 2017 as a poor person, including the assignment of counsel, and sua sponte, dismissing his appeal taken from the order entered on or about September 6, 2017 (Family Offense Proceeding). The motion was denied without prejudice to petitioner/respondent-appellant filing a motion, with a copy attached thereto of an order, signed by Family Court, denying his motion to set aside his default, as well as a timely notice of appeal, And petitioner-appellant having (1) renewed his motion for the assignment of counsel to prosecute his appeal from the order entered on or about June 27, 2017; and (2) for poor person relief, including the assignment of counsel, to pursue an appeal taken from an Order of Protection of the Family Court, entered on or about September 13, 2017, denying his motion to vacate the Order of Protection; (3) for consolidation of his appeal in the Family Offense Proceeding with his appeal taken from the June 27, 2017 order suspending his visitation rights with the subject child; and (4) to stay both Family Court orders pending determination of the appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that, sua sponte, petitioner-appellant's September 18, 2018 notice of appeal is deemed one taken from the aforesaid September 13, 2017 order denying his motion to restore the visitation action to this Court's calendar and said appeal is now restored to the calendar; and it is further Ordered that petitioner-respondent-appellant is granted civil poor person relief to pursue the appeal taken from the September 13, 2017 Order of Protection, and consolidating said appeal with the appeal taken from the June 27, 2017 order suspending his visitation with the subject child. The motion is otherwise denied.
ENTERED: April 5, 2018
_____________________ CLERK
Present: Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Richard T. Andrias Ellen Gesmer Anil C. Singh, Justices
M-371