Appellate Division: Second Judicial Department

M292960

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-05414 In the Matter of Jerie S. Gross, appellant, v Eric R. Rizo, respondent. (Docket No. F-1485-2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Nassau County, dated May 11, 2023. 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 the papers filed 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 Acting 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.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court