Appellate Division: Second Judicial Department

M304922

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2025-03152 In the Matter of Sherry Miller, respondent, v Jack Miller, appellant. (Docket No. O-3803-2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Nassau County, dated February 20, 2025.

Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation 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, 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, and (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.

CHAMBERS, J.P., WOOTEN, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court