| Matter of Lowe-Bynoe v Lowe |
| Motion No: 2008-02520 |
| Slip Opinion No: 2008 NYSlipOp 72603(U) |
| Decided on May 21, 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. |
Appellate Division: Second Judicial Department
M70802
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2008-02520 In the Matter of Yvonne Lowe-Bynoe, respondent, v Larry Lowe, appellant. (Docket No. F-03204-06)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to stay enforcement of so much of an order of the Family Court, Westchester County, dated February 7, 2008, as directed the appellant to pay the respondent the sum of $5,294.50, pending hearing and determination of an appeal from the order, to be relieved, for the assignment of new counsel to prosecute the appeal, to grant the appellant leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated February 7, 2008, as directed the appellant to pay the respondent the sum of $5,294.50 is denied; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before June 11, 2008, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal; and it is further,
ORDERED that the branch of the motion which is to relieve counsel is held in abeyance in the interim; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court for the issuance of a scheduling order pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).
MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court