Matter of Myrick v Taylor
Motion No: 2024-07435
Slip Opinion No: 2024 NY Slip Op 79187(U)
Decided on November 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M301019

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2024-07435

In the Matter of Shaquana Myrick, respondent,

v Albert Taylor, appellant.

(Docket No. V-1588-2022/2022A)

DECISION & ORDER ON MOTION

Appeal by Albert Taylor from an order of the Family Court, Kings County, dated July 2, 2024. Motion by the appellant pro se for leave to prosecute the appeal as a poor person.

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), 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 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, 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.

BRATHWAITE NELSON, J.P., LANDICINO, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court