| Matter of Lewittes v Blume |
| Motion No: 2015-03921 |
| Slip Opinion No: 2016 NY Slip Op 60445(U) |
| Decided on January 7, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M204009
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
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2015-03921 In the Matter of David I. Lewittes, appellant, v Marilyn A. Blume, respondent. (Docket Nos. F-4930-12/12B, V-12158/06/07D, V-12159-06/07D, V-12158/06/11E, V-12159-06/11E
| DECISION & ORDER ON MOTION ) |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated March 16, 2015, as a poor person.
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 branches of the motion which are to waive the filing fee and for free transcripts are denied; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before February 3, 2016, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the remaining transcripts have been ordered and paid for, the date thereof, and the date by which the transcript is expected or an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if the appellant does not comply with the directives set forth in the preceding paragraph on or before February 3, 2016, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
BALKIN, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.