Appellate Division: Second Judicial Department

M189139

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-08346 In the Matter of Arthur Strugatch, appellant, v Tami Strugatch, respondent. (Docket Nos. V-2162-13, V-2163-13)

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 July 22, 2014, as a poor person 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 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 appellant's time to comply with the scheduling order dated September 24, 2014, is extended until April 17, 2015; and it is further,

 ORDERED that if the appellant fails to comply with the scheduling order dated September 24, 2014, on or before April 17, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

SKELOS, J.P., BALKIN, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court