Matter of Marchiano v Petrucielli
Motion No: 2022-05473
Slip Opinion No: 2022 NY Slip Op 76353(U)
Decided on December 30, 2022
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M286619

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2022-05473

In the Matter of Mari Dawn Marchiano, appellant,

v Mark J. Petrucielli, respondent.

(Docket No. F-16314-2015/2019I)

DECISION & ORDER ON MOTION

Appeal by Mari Dawn Marchiano from an order of the Family Court, Kings County, dated October 26, 2020. Motion by the appellant pro se 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 no papers having been filed in opposition or in relation thereto, it is

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.

BARROS, J.P., WOOTEN, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court