Appellate Division: Second Judicial Department

M296258

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2024-00495 In the Matter of Darren Berehowsky, respondent-appellant, v Daisy Cook, appellant-respondent. (Proceeding No. 1) In the Matter of Daisy Cook, appellant-respondent, v Darren Berehowsky, respondent-appellant. (Proceeding No. 2) (Docket Nos. V-8352-2019, V-11128-2015/2019B, V-8853-2019, V-11128-2015/2021C)

DECISION & ORDER ON MOTION

Appeal by Daisy Cook and cross-appeal by Darren Berehowsky from an order of the Family Court, Nassau County, dated December 18, 2023. Motion by the appellant-respondent to amend the scheduling order of this Court dated January 26, 2024, to remove the requirement that she ascertain the existence of and obtain copies of transcripts of the proceedings and, in effect, for leave to prosecute the appeal as a poor person.

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 to amend the scheduling order of this Court dated January 26, 2024, is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to prosecute the appeal as a poor person is 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 (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, (2) whether the appellant was represented by assigned counsel or retained counsel in the Family Court and, if retained, the amount and source of counsel fees paid to retained counsel, and (3) the amount and source of money used to pay for hearing transcripts.

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court