Appellate Division: Second Judicial Department

M105919

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-03579 In the Matter of Stacey Dey-Foy, respondent, v Ojari Dey-Foy, appellant. (Docket No. U-20972-09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated March 16, 2010, as a poor person and for the assignment of counsel, or in the alternative, in effect, to hold the appeal in abeyance on the ground that his military service materially affects his ability to prosecute the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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), 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 waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance is granted (see Military Law § 304), and the appeal held in abeyance for the duration of the appellant's current assignment outside the United States; the parties shall advise the court when there is any change in the appellant's assignment in military service.

DILLON, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court