Matter of Israilova v Israilov
Motion No: 2023-11607
Slip Opinion No: 2024 NY Slip Op 79390(U)
Decided on December 2, 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

M301128

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-11607, 2023-11610

In the Matter of Eva Israilova, respondent,

v Mikhail Israilov, appellant.

(Docket No. O-1652-2023)

DECISION & ORDER ON MOTION

Appeals by Mikhail Israilov from two orders of the Family Court, Queens County, dated October 31, 2023, and October 30, 2023, respectively. Motion by the appellant for leave to prosecute the appeals as a poor person and to extend the time to perfect the appeals.

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 for leave to prosecute the appeals as a poor person is granted; and it is further,

ORDERED that the appeals 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 stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when the appellant serves the appellant's brief upon those parties; and it is further,

ORDERED that the filing fee is waived; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, the appellant's time to perfect the appeals 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]), 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 January 2, 2025; and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

MILLER, J.P., DOWLING, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court