Appellate Division: Second Judicial Department

M294435

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-07376 In the Matter of Ilana Stroutsovsky, respondent, v Roman Brik, appellant. (Docket No. F-1333-2020/2023H)

DECISION & ORDER ON MOTION

Appeal by Roman Brik from an order of the Family Court, Richmond County, dated July 7, 2023. By order to show cause dated November 6, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 23, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and 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 motion to dismiss the appeal is denied; and it is further,

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 appellant, the respondent, and the attorney for the child, if any. The parties 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 by appellant which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.

BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court