Appellate Division: Second Judicial Department

M79898

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

HOWARD MILLER

EDWARD D. CARNI, JJ.

2008-02012, 2008-04245 In the Matter of Maria Yoshida, respondent, v Yoshimichi Yoshida, appellant. (Docket No. F-18371/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Kings County, dated February 4, 2008, and March 17, 2008, respectively, 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 appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (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; and it is further,

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until January 20, 2009; and it is further,

ORDERED that no further enlargement of time shall be granted.

SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court