Appellate Division: Second Judicial Department

M271468

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2020-00161 In the Matter of Zachary Emig, appellant, v Mitsu Emig, respondent. (Index No. F-27032-2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated December 9, 2019. Motion by the appellant to stay enforcement of the order dated December 9, 2019, to reduce his maintenance and child support obligation to the sum of $4,596 per month, and to stay certain proceedings in the above-entitled matter, pending hearing and determination of the appeal, and to waive the motion filing fee. Separate motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel. Separate motion by the respondent for poor person relief and for the assignment of counsel.

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

ORDERED that the branch of the appellant's motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the branch of the appellant's motion which is to stay enforcement of the order dated December 9, 2019, to reduce the appellant's maintenance and child support obligation to the sum of $4,596 per month, and to stay certain proceedings in the above-entitled matter 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, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the respondent's motion is denied.

DILLON, J.P., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court