Appellate Division: Second Judicial Department

M274030

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2020-04589 In the Matter of Keisha Pernell, respondent, v Maurice Bertrand, appellant. (Docket No. F-01307-2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Richmond County, dated February 14, 2020. By order to show cause dated September 23, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated August 3, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

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

MASTRO, J.P., CHAMBERS, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court