Matter of Morrissey v Morrissey
Motion No: 2025-02629
Slip Opinion No: 2025 NY Slip Op 66135(U)
Decided on April 4, 2025
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

M304077

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

LAURENCE L. LOVE, JJ.

2025-02629

In the Matter of Michael Morrissey, respondent,

v Martha Morrissey, appellant.

(Docket No. O-8035-2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Queens County, dated February 10, 2025. Motion by the appellant pro se, in effect, for summary reversal of the order and for waiver of costs, fees, and expenses.

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 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 and for free transcripts 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; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., DOWLING, VENTURA and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court