Appellate Division: Second Judicial Department

M46776

A/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-07680 Yevgenia Shockome, appellant, v Timothy Shockome, respondent. (Index No. 3856/00)

DECISION & ORDER ON MOTION

Motion by the respondent and cross motion by the appellant pro se for leave to prosecute an appeal from an amended judgment of the Supreme Court, Dutchess County, dated June 29, 2006, as poor persons, and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appeal from so much of the amended judgment as incorporated the terms of an amended order of the Family Court, Dutchess County, dated November 10, 2005, in a proceeding entitled Matter of Shockome v Schockome, is dismissed, without costs or disbursements, as that order was entered on the consent of the parties (see CPLR 5511; and it is further,

ORDERED that the branches of the motion and the cross motion which are for leave to prosecute the appeal on the original papers is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion and the cross motion which are for free transcripts, waiver of the filing fees, and the assignment of counsel are denied.

GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court