Appellate Division: Second Judicial Department

M291124

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

PAUL WOOTEN

LAURENCE L. LOVE, JJ.

2023-03474 In the Matter of Sandy Nathala Chadee, respondent, v Carlos Pena, appellant. (Docket No. F-6878-2019/2019B)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated March 6, 2023. Motion by the appellant pro se for leave to prosecute his appeal as a poor person, for the assignment of counsel, and to extend the time to perfect the appeal. Motion by the respondent pro se for the assignment of counsel.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the appellant's 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 appellant's 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 branch of the appellant's motion which is to extend the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until October 18, 2023; and it is further,

ORDERED that the respondent's motion is denied.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court