| Matter of Elbert v Scheuring |
| Motion No: 2024-02241 |
| Slip Opinion No: 2024 NY Slip Op 78992(U) |
| Decided on November 25, 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
M300988
AFA/
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2024-02241 In the Matter of Michael David Elbert, respondent, v Maria Scheuring, appellant. (Docket Nos. V-3928-2020/2020A, V-3929-2020-2022B)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Suffolk County, dated February 26, 2024. Renewed 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 for free transcripts, waiver of the filing fee, and assignment of counsel are denied; and it is further,
ORDERED that on the Court's own motion, 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 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 December 26, 2024.
CHAMBERS, J.P., WOOTEN, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court