| Matter of Barletta v Faden |
| Motion No: 2018-05511 |
| Slip Opinion No: 2019 NY Slip Op 63326(U) |
| Decided on February 15, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M260234
V/
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2018-05511 In the Matter of Barbara Barletta, respondent, v Brad Faden, appellant. (Docket No. F-12295-17/17A)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated April 10, 2018, as a poor person and to extend the time to perfect the appeal. Separate motion by the respondent to dismiss the appeal.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is denied; and it is further,
ORDERED that the branch of the appellant's motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), 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 appellant, the respondent, and the attorney for the child, if any. The parties 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 branches of the appellant's motion which are to waive the filing fee, and for free transcripts are denied; and it is further,
ORDERED that the branch of the appellant's motion which is to extend the time to perfect the appeal is granted and the appellant's time to perfect the appeal is extended until April 15, 2019.
SCHEINKMAN, P.J., BALKIN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.