| Matter of Vittorio v Vittorio |
| Motion No: 2023-10439 |
| Slip Opinion No: 2024 NY Slip Op 66279(U) |
| Decided on April 19, 2024 |
| 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
M295844
AFA/
ANGELA G. IANNACCI, J.P.
CHERYL E. CHAMBERS
WILLIAM G. FORD
LILLIAN WAN, JJ.
|
2023-10439 In the Matter of Nicholas Vittorio, respondent, v Rebecca Vittorio, appellant. (Docket No. F-3461-2023)
| DECISION & ORDER ON MOTION |
Appeal by Rebecca Vittorio from an order of the Family Court, Nassau County, dated October 6, 2023. Motion by the appellant for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for waiver of the subpoena fee. Separate motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions 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 branch of the motion which is to waive the subpoena fee is denied without prejudice to the appellant seeking said relief before the Family Court, Nassau County; 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 motion inter alia, to stay enforcement of the order, pending hearing and determination of the appeal, is denied.
IANNACCI, J.P., CHAMBERS, FORD and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court