Appellate Division: Second Judicial Department

M80960

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-10940, 2008-10942 In the Matter of Timothy Lee, respondent, v Maryfaith Decker, appellant. (Proceeding No. 1) In the Matter of Maryfaith Decker, appellant, v Timothy Lee, respondent. (Proceeding No. 2) (Docket Nos. V-12403-03, V-12404-03, V-12475-03, V-12476-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from an order and an amended order of the Family Court, Queens County, both dated October 22, 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 appeals on the original papers is denied as unnecessary, 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 children, 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 to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court