Appellate Division: Second Judicial Department

M302187

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

BARRY E. WARHIT

PHILLIP HOM, JJ.

2024-11752 In the Matter of Mildred Herrera, respondent, v Alberto Siri, appellant. (Docket No. F-5766-2023/2023A)

DECISION & ORDER ON MOTION

Appeal by Alberto Siri from an order of the Family Court, Orange County, dated October 9, 2024. Motion by counsel assigned by the Family Court, Orange County, to be relieved as counsel for the appellant, for the assignment of new counsel for the appellant, and 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 be relieved as counsel for the appellant is denied as unnecessary; and it is further,

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 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 branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.

DUFFY, J.P., WOOTEN, WARHIT and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court