Matter of Pena v Chadee
Motion No: 2019-01493
Slip Opinion No: 2019 NY Slip Op 86781(U)
Decided on December 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M268403

kbp/

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2019-01493, 2019-01494

In the Matter of Carlos Pena, appellant,

v Sandy Chadee, respondent.

(Docket Nos. F-4514-14/14A, F-4514-14/14B)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Richmond County, dated January 3, 2019, and January 11, 2019, respectively, as a poor person, for the assignment of counsel, and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals 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 motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]) and by serving and filing the brief on the appeals is extended until January 23, 2020; and it is further,

ORDERED that no further extension of time shall be granted.

SCHEINKMAN, P.J., AUSTIN, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court