Appellate Division: Second Judicial Department

M294499

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2023-08667 In the Matter of Naliah J. Vazquez, respondent, v Shpresim Haxhaj, appellant. (Docket No. F-16736-2019/2020A)

DECISION & ORDER ON MOTION

Appeal by Shpresim Haxhaj from an order of the Family Court, Westchester County, dated November 8, 2021. By order to show cause dated November 17, 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 October 4, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant for leave to prosecute the appeal as a poor person and for a "stipend" to prosecute the appeal.

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 the papers filed in relation thereto, it is it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion by the appellant which is, in effect, 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 appellant's motion is otherwise denied.

DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court