Appellate Division: Second Judicial Department

M136817

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-03052 In the Matter of Mark Albert, respondent, v Allison Albert, appellant. (Docket No. F-11524-06/10P)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated February 16, 2011, as a poor person, for the assignment of counsel, and to enlarge the time to perfect 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 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 to enlarge the time to perfect the appeal is granted, and 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 her brief on the appeal is enlarged until June 4, 2012.

ANGIOLILLO, J.P., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court