Appellate Division: Second Judicial Department

M259117

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-05520 In the Matter of Barry Shisgal, appellant, v Chana Abels, respondent. (Docket Nos. F-1559-13/14B, F-01559-13/17D, V-03390-07/16J-L, V-03392-07/16J-L, V-03684-07/16J-L, V-03686-07/16J-L)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file an oversized brief of 30,000 words on an appeal from an order of the Family Court, Rockland County, dated March 30, 2018, and to waive compliance with the requirements regarding certification of the record on appeal pursuant to 22 NYCRR 1250.7(g) or, in the alternative, for poor person relief 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 serve and file an oversized brief of 30,000 words is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 1250.5[e][1]) 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 parties who are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act § 1116); and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements regarding certification of the record or appellant's appendix on the appeal pursuant to 22 NYCRR 1250.7(g) is denied as unnecessary as the appeal may be prosecuted on the original papers (see 22 NYCRR 1250.5[e][1]); in the event that the appellant seeks to file a record or appellant's appendix the appellant shall renew by a motion on or before February 13, 2019; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appellant's time to perfect his appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his appellant's brief is enlarged until February 13, 2019.

LEVENTHAL, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court