Matter of Merritt v Merritt
Motion No: 2019-10121
Slip Opinion No: 2020 NY Slip Op 64122(U)
Decided on February 28, 2020
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

M269973

kbp/

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2019-10121

In the Matter of Giovanna Merritt, respondent,

v Mark Merritt, appellant.

(Docket No. F-10750-14/16F,

F-10750-14/15C, F-10750-14/16G)

DECISION & ORDER ON MOTION

Motion by the respondent pro se for leave to respond to an appeal from an order of the Family Court, Westchester County, dated July 3, 2019, as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to respond to 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 motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.

ROMAN, J.P., COHEN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court