Alexander Charles Ellsworth v Anne Yoakam Ellsworth

Motion No: M-4275

Slip Opinion No: 2018 NYSlipOp 86370(U)

Decided on October 18, 2018

Appellate Division, First 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.

October 18, 2018

Alexander Charles Ellsworth,

Plaintiff-Respondent, CONFIDENTIAL

v

Anne Yoakam Ellsworth,

Defendant-Appellant.

Defendant-appellant, pro se, having moved for leave to prosecute, as a poor person, the appeal taken from the order of the Supreme Court, New York County, entered on or about April 19, 2018, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, for the assignment of appellate counsel, and for other relief, deemed to be a motion to renew and reargue the order of this Court entered on July 12, 2018 (M-2394), Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Richard L. Herzfeld, Esq., 112 Madison Avenue, 8th Floor, New York, NY 10016, Telephone No. 212-818-9019, is assigned as counsel for defendant-appellant for purposes of prosecuting the appeal. ENTERED: October 18, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing, Justices

M-4275

Index No. 350433/04