Kilmer v Kilmer
Motion No: 2017-01032
Slip Opinion No: 2017 NY Slip Op 76129(U)
Decided on June 7, 2017
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

M232349

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2017-01032

Elizabeth Kilmer, appellant,

v Terry Kilmer, respondent.

(Index No. 4356/11)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated December 20, 2016, 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 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.

BALKIN, J.P., HALL, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court