Appellate Division: Second Judicial Department

M175657

E/ct

MARK C. DILLON, J.P.

PLUMMER E. LOTT

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2014-01687 Wendy A. Barbuck , respondent, v Michael A. Barbuck, appellant. (Index No. 201481/08)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant by the Supreme Court, Nassau County, to be relieved on an appeal from an order of the Supreme Court, Nassau County, dated December 5, 2013, for poor person relief for the appellant, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to be relieved as the appellant's counsel is denied as unnecessary as the assignment does not continue on appeal; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that on the Court's own motion, 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 August 29, 2014.

DILLON, J.P., LOTT, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court