Matter of McNelis v Carrington
Motion No: 2012-03126
Slip Opinion No: 2012 NY Slip Op 79596(U)
Decided on July 23, 2012
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

M141128

J/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ROBERT J. MILLER, JJ.

2012-03126

In the Matter of Jahn McNelis, respondent,

v Susan Carrington, appellant.

(Docket No. O-2592/11)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated March 8, 2012, on the original record, and to waive the filing fee.

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 record 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 motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, BALKIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court