Stennett v Stennett
Motion No: 2022-02723
Slip Opinion No: 2023 NY Slip Op 64525(U)
Decided on April 5, 2023
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

M288266

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

PAUL WOOTEN

LILLIAN WAN, JJ.

2022-02723

Francine E. Stennett, respondent,

v Errol Stennett, appellant.

(Index No. 709360/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 3, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to extend the time to perfect the appeal.

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 branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied with respect to the appeal from so much of the order as concerns issues of custody and visitation, with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, (2) whether the appellant was represented by assigned counsel or retained counsel in the Family Court and, if retained, the amount and source of counsel fees paid to retained counsel, and (3) the amount and source of money used to pay for hearing transcripts; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before May 5, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

ORDERED that the motion is otherwise denied.

DUFFY, J.P., MILLER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court