Opinion
2021-06994 F-16736-2019/2021B
11-19-2021
In the Matter of Shpresim Haxhaj, appellant, v. Nailah Juanita Vazquez, respondent.
M280179 E/sl
CHERYL E. CHAMBERS, J.P. BETSY BARROS JOSEPH A. ZAYAS LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Westchester County, dated August 20, 2021. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Cross motion by the attorney for the child, inter alia, to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party or, in the alternative, for leave to file a brief in connection with the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion is denied; 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 appellant, the respondent, and the attorney for the child, if any. The parties 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 (see 22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act § 1116); and it is further, 1
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.
CHAMBERS, J.P., BARROS, ZAYAS and GENOVESI, JJ., concur. 2