Appellate Division: Second Judicial Department

M97176

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-07044 In the Matter of Afaf Zaky, respondent, v Diaa Andil, appellant. (Proceeding No. 1) In the Matter of Diaa Andil, appellant, v Afaf Zaky, respondent. (Proceeding No. 2) (Docket Nos. F-6348-08, F-613-09)

DECISION & ORDER ON MOTION Motion for Poor Person Relief Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Dutchess County, dated June 29, 2009, as a poor person.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that 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 filing fee is waived; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until February 16, 2010.

FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court