Appellate Division: Second Judicial Department

M218340

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2016-09229 In the Matter of Jennilee Rodriguez, petitioner, v Devin Stewart, respondent. (Docket No. V-34988-11/15D)

DECISION & ORDER ON MOTION

Motion by Devin Stewart for leave to appeal to this Court from an order of the Family Court, Kings County, dated July 25, 2016, to stay enforcement of the order pending hearing and determination of the appeal therefrom, and for leave to prosecute the appeal as a poor person, including waiver of 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 appeal to this Court from the order dated July 25, 2016, is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112), and on or before October 5, 2016, Devin Stewart shall file the notice of appeal with the Family Court, Kings County, and shall serve the notice of appeal upon the petitioner and file proof of service with this Court (see CPLR 5514[a]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated July 25, 2016, is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person, including waiver of the filing fee, is denied, with leave to renew, following the filing of the notice of appeal, upon proper papers, including Devin Stewart's affidavit setting forth his full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, or by attorney certification pursuant to Family Ct Act § 1118 and CPLR 1101.

DILLON, J.P., MILLER, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court