Brendon Mcnamara v Janice Persons

Motion No: 532090

Slip Opinion No: 2020 NY Slip Op 74231(U)

Decided on November 5, 2020

Appellate Division, Third 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.

State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: November 5, 2020 532090

BRENDON MCNAMARA, Respondent, v JANICE PERSONS, Appellant.

DECISION AND ORDER ON MOTION

Application for permission to proceed as a poor person on appeal and for assignment of counsel.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted and Robert N. Gregor, Esq., 3 Lake Avenue, Lake George, NY 12845, is assigned to represent appellant upon this appeal pursuant to Family Ct Act § 1120, and it is further

ORDERED that the appeal shall be perfected by the appendix method in accordance with section 1250.5 (c) of the Practice Rules of the Appellate Division and, in addition to the requirements of 1250.9 (a) (2) of the Practice Rules of the Appellate Division, counsel is directed to file with the Clerk of this Court, with proof of service of a copy upon each party, one hard copy of the record on appeal, which has been stipulated to pursuant to CPLR 5532, certified pursuant to CPLR 2105 after providing 20 days' notice to the parties, or settled by the court from which the appeal is taken, and it is further

ORDERED that pursuant to CPLR 1102, the Clerk of the Family Court of Washington County is directed to furnish two copies of the transcripts of the stenographic minutes of all proceedings in the matter: one to appellant's counsel along with a copy of any other paper or document on file in that office except those which appellate counsel or the court from which the appeal is taken determines are not material and relevant to this appeal, and the second copy of said transcripts to the Clerk of this Court, and the transcripts shall be omitted from the hard copy of the record, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision and order, appellate counsel shall make an application on notice for a further extension of time to perfect the appeal.
Garry, P.J., Lynch, Clark and Reynolds Fitzgerald, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court