| In the Matter of Michael C. Nelson v David A. Clay Jr. et |
| Motion No: 527392 |
| Slip Opinion No: 2018 NY Slip Op 85854(U) |
| Decided on October 9, 2018 |
| Appellate Division, Third 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. |
Decided and Entered: October 9,
2018
527392
In the Matter of MICHAEL C. NELSON, Appellant, v | DECISION AND ORDER ON
MOTION |
Application for permission to proceed as a poor person on
appeal and for assignment of counsel.
Upon the papers filed in support of the application,
and no papers having been filed in opposition thereto, it is
ORDERED that the application is
granted and Karen A. Leahy, Esq., 20 Court Street, Cortland, NY 13045, is assigned to represent
appellant upon this appeal pursuant to Family Court Act § 1120, and it is
further
ORDERED that the appeal shall be perfected by the appendix method in accordance
with section 1250.5 (c) of the Practice Rules of the Appellate Division and, in addition to the
requirements of 1250.9 (a) (2) of the Practice Rules of the Appellate Division, counsel is directed to
file with the Clerk of this Court, with proof of service of a copy upon each party, one hard copy of
the record on appeal, which has been stipulated to pursuant to CPLR 5532, certified pursuant to
CPLR 2105 after providing 20 days' notice to the parties, or settled by the court from which the
appeal is taken, and it is further
ORDERED that pursuant to CPLR 1102, the Clerk
of the Family Court of Cortland County is directed to furnish two copies of the transcripts of the
stenographic minutes of all proceedings in the matter: one to appellant's counsel along with a copy of
any other paper or document on file in that office except those which appellate counsel or the court
from which the appeal is taken determines are not material and relevant to this appeal, and the
second copy of said transcripts to the Clerk of this Court, and the transcripts shall be omitted from
the hard copy of the record, and it is further
ORDERED that if the appeal is not perfected
within 60 days of the date of this decision and order, appellate counsel shall make an application on
notice for a further extension of time to perfect the appeal.
Garry, P.J., Devine, Rumsey and
Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court