Matter of Ascolillo v Ascolillo
Motion No: 2006-00075
Slip Opinion No: 2006 NYSlipOp 70052(U)
Decided on June 7, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M40527

O/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

ROBERT J. LUNN

MARK C. DILLON, JJ.

2006-00075

In the Matter of Mary Louise Ascolillo, appellant,

v Robert A. Ascolillo, respondent.

(Docket Nos. V-17496-04, V-17497-04,

V-17510-04, V-17509-04, V-16231-04,

V-16230-04, V-3609-05, O-16294-04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Westchester County, dated December 8, 2005, inter alia, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied with leave to renew upon proper papers, including the appellant's affidavit setting forth her full financial situation including all income, assets, both real and personal, and expenses; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., FISHER, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court