| Matter of Pineda v Ukaj |
| Motion No: 2023-09531 |
| Slip Opinion No: 2023 NY Slip Op 78585(U) |
| Decided on December 15, 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. |
Appellate Division: Second Judicial Department
M293017
AFA/
MARK C. DILLON, J.P.
ROBERT J. MILLER
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.
|
2023-09531 In the Matter of Julianna Pineda, appellant, v Besim Ukaj, respondent. (Docket Nos. V-4000-2022/2022J, V-8386-2022/2023G )
| DECISION & ORDER ON MOTION |
Appeal by Julianna Pineda from an order of the Family Court, Westchester County, dated October 10, 2023. Motion by the appellant, in effect, for summary reversal of the order or, in the alternative, to stay enforcement of the order, pending hearing and determination of the appeal. Separate motion by the appellant for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion, in effect, for summary reversal of the order or to stay enforcement of the order and the papers filed in opposition thereto, and upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeal and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion, in effect, for summary reversal of the order or, in the alternative, to stay enforcement of the order, pending hearing and determination of the appeal, is denied; and it is further,
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 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 the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and the amount and source of counsel fees paid to retained counsel in the Family Court and in this Court; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see 22 NYCRR 670.3[b]).
DILLON, J.P., MILLER, WARHIT and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court