| Matter of Sparacio v Fitzgerald |
| Motion No: 2008-10293 |
| Slip Opinion No: 2008 NYSlipOp 92222(U) |
| Decided on December 16, 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
M79841
F/sl
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
HOWARD MILLER
EDWARD D. CARNI, JJ.
|
2008-10293 In the Matter of Suzanne Sparacio, appellant, v Steven W. Fitzgerald, respondent. (Docket No. V-11683-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated October 23, 2008, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 (see Family Ct Act § 1116; 22 NYCRR 670.9[d][1][ii]); and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.
SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court