Appellate Division: Second Judicial Department

M280318

AFA/

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2021-03540 In the Matter of Jason Goffe, appellant, v Melinda M. Lherisson, respondent. (Docket No. F-3023-2017/2020N)

DECISION & ORDER ON MOTION

Appeal by Jason Goffe from an order of the Family Court, Nassau County, dated March 25, 2021. By order to show cause dated August 25, 2021, 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 proceeding for failure to comply with a scheduling order dated July 16, 2021, 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 no papers having been filed in response thereto, and the papers filed in support of the motion and no papers 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 parties, who are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[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; and it is further,

ORDERED that the appellant shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

CHAMBERS, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court