Matter of O'Brien v Stewart
Motion No: 2007-11204
Slip Opinion No: 2008 NYSlipOp 63595(U)
Decided on February 14, 2008
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

M66102

E/sl

STEVEN P. FISHER, J.P.

HOWARD MILLER

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-11204

In the Matter of Joanne O'Brien, respondent,

v Dean Stewart, appellant.

(Docket No. F-8360-07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave prosecute an appeal from an order of the Family Court, Suffolk County, dated November 15, 2007, 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 thereto, it is

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

ORDERED that the branches of the motion which are for free transcripts, to waive the filing fee, and for the assignment of counsel are denied.

FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court