Frumusa v. Frumusa

Full title: IN THE MATTER OF VALOREE A. FRUMUSA, PETITIONER-RESPONDENT, v. LAWRENCE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: May 8, 2020

2020 N.Y. Slip Op. 68615 (N.Y. App. Div. 2020)

Opinion

CAF 20-00195 Docket No: F01421-17/19D CAF 20-00224 Docket No: F-01421-17/18C

05-08-2020

IN THE MATTER OF VALOREE A. FRUMUSA, PETITIONER-RESPONDENT, v. LAWRENCE FRUMUSA, RESPONDENT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Respondent-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Wayne County, entered July 12, 2019, and August 20, 2019,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal dated August 12, 2019, which references docket number F01421-17/17D, shall be treated as valid as to the order entered July 12, 2019 under docket number F01421-17/19D, and

It is further ORDERED that the notice of appeal dated August 12, 2019, which references docket number F01421-17/17C, shall be treated as valid as to the order entered August 20, 2019 under docket number F-01421-17/18C, and

It is further ORDERED that, with respect to the appeal taken from the order entered July 12, 2019 (CAF 20-00195), the application insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized (see Family Court Act §§ 262, 1120 [a]), and the application insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a new motion that includes, among other things, an affidavit setting forth sufficient facts

so that the merit of the contentions can be ascertained (see CPLR 1101 [a]), and

It is further ORDERED that, with respect to the appeal taken from the order entered August 20, 2019 (CAF 20-00224), the application is granted and Sharon O'Hanlon, Esq., 8188 Cazenovia Road, Manlius, New York 13104, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that, with respect to the appeal taken from the order entered August 20, 2019 (CAF 20-00224), the Wayne County Family Court Clerk provide Sharon P. O'Hanlon, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the record and briefs in CAF 20-00224 be filed and served within 60 days of the filing of the transcripts with the Wayne County Family Court Clerk.

Entered: May 8, 2020

Mark W. Bennett

Clerk of the Court