Appellate Division: Second Judicial Department

M302228

AFA/

CHERYL E. CHAMBERS, J.P.

WILLIAM G. FORD

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2024-10735, 2024-10740 In the Matter of Kandice D. Prather, respondent, v Jarah N. Clarke, appellant. (Proceeding No. 1) In the Matter of Jarah N. Clarke, appellant, v Kandice D. Prather, respondent. (Proceeding No. 2) (Docket Nos. O-1542-2023, V-184-2018/23P, V-184-2018/2023R, V-184-2018/2023Q)

DECISION & ORDER ON MOTION

Appeals by Jarah N. Clarke from two orders of the Family Court, Dutchess County, dated August 29, 2024, and August 28, 2024, respectively. Motion by the appellant pro se for leave to prosecute the appeals 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 appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and 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 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.

CHAMBERS, J.P., FORD, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court