Appellate Division: Second Judicial Department

M94392

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-09975 In the Matter of Julia Shvetsova, respondent, v Konstantin Paderno, appellant. (Docket No. F-30024-04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled matter, as well as enforcement of an order of the Family Court, Kings County, dated October 1, 2009, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal 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 appellant's motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal 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 appellant's motion which are to stay all proceedings in the above-entitled matter, as well as enforcement of the order dated October 1, 2009, to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court