Matter of Sacco v Sacco
Motion No: 2011-00149
Slip Opinion No: 2011 NY Slip Op 76561(U)
Decided on June 23, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M121726

V/ct

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2011-00149

In the Matter of Heather Sacco, respondent,

v Stephen P. Sacco, appellant.

(Docket Nos. F-02245-08/09C, F-02245-08/09D)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated October 6, 2010, 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 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 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 motion is otherwise denied.

ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court