Appellate Division: Second Judicial Department

M292881

AFA/

FRANCESCA E. CONNOLLY, J.P.

ANGELA G. IANNACCI

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2023-10963 In the Matter of Regiane U. Nestor, respondent, v Thomas Nestor, appellant. (Docket No. F-9336-2018/22F)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Westchester County, dated November 15, 2023. Motion by the appellant for leave to appeal to this Court from the order, to stay enforcement of the order, pending hearing and determination of the appeal, and for leave to prosecute the appeal as a poor person.

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 to this Court from the order is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order, pending hearing and determination of the appeal, is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied, 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, including the availability of retirement funds, (2) 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.

CONNOLLY, J.P., IANNACCI, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court