Appellate Division: Second Judicial Department

M275452

E/sl

WILLIAM F. MASTRO, A.P.J.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2020-09236 Elizabeth M. Kairey, respondent-appellant, v Elliot M. Hirsch, appellant-respondent. (Index No. 53206/2018)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 8, 2020. Motion by Elliot M. Hirsch for leave to appeal to this Court from the order, to stay enforcement of the order pending hearing and determination of the appeal and the cross appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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 appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal and cross appeal on the original papers is granted, and the appeal and cross appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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], 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant-respondent is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court