Appellate Division: Second Judicial Department

M295699

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2023-06342 In the Matter of Francisco Nival, appellant, v Yadhira Peralta, respondent. (Docket No. F-2216-2015/2019D)

DECISION & ORDER ON MOTION

Appeal by Francisco Nival from an order of the Family Court, Westchester County, dated June 16, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to extend the time to perfect the appeal.

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 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 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; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellants brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until May 13, 2024.

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

ENTER:

Darrell M. Joseph

Clerk of the Court