Appellate Division: Second Judicial Department

M299154

AFA/

MARK C. DILLON, J.P.

LARA J. GENOVESI

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2024-03514 In the Matter of Donald McCarthy, appellant, v Carolynn Cohan-Brittingham-Bank, respondent. (Docket Nos. F-5500-2011/22J, F-5500-2011/22K)

DECISION & ORDER ON MOTION

Appeal by Donald McCarthy from an order of the Family Court, Suffolk County, dated April 2, 2024. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition 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), 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 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.

DILLON, J.P., GENOVESI, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court