Opinion
Motion No: 524957
08-03-2017
In the Matter of CHRISTOPHER BARKER, Appellant, v. JESSICA D. HATHAWAY, Respondent.
DECISION AND ORDER ON MOTION
Motion for permission to proceed as a poor person and for assignment of counsel.
Motion for extension of time to take appeal.
Upon the papers filed in support of the motions and the papers filed in opposition to the motion for permission to proceed as a poor person, it is
ORDERED that the motion for an extension of time to take an appeal is treated as an application, pursuant to CPLR 5520 (c), to treat the notice of appeal as valid, the application is granted, without costs, and the notice of appeal is treated as valid with respect to the order of Saratoga County Family Court dated March 10, 2017 (see CPLR 5520 [c]). The notice of appeal is deemed to take an appeal to this Court rather than to the Appellate Division, Fourth Judicial Department. It is further
ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fees required by CPLR 8022 are waived, and it is further
ORDERED that the motion for assignment of counsel is denied, without costs.
Garry, J.P., Aarons, Rumsey and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court