Opinion
2020-04599 (V-5700-2015/2019C V-5701-2015/2019C V-5702-2015/2019C V-5703-2015/2019C)
06-14-2021
M277615 E/mb
REINALDO E. RIVERA, J.P. LEONARD B. AUSTIN COLLEEN D. DUFFY BETSY BARROS, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 4, 2021, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Family Court, Nassau County, dated February 28, 2020. Motion by the appellant for a preference in the calendaring of the appeal. Separate motion by the respondent for poor person relief and for the assignment of counsel.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by appellant for a preference is denied; and it is further, ORDERED that the respondent's motion for poor person relief and for the assignment of counsel is denied, with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the respondent's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and the amount and source of counsel fees paid to retained counsel in the Family Court; and it is further, ORDERED that on the Court's own motion, the respondent's time to serv and file a brief is extended and on or before July 14, 2021, the respondent shall serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website or, if self-resented and unable to access the digital portal, the respondent may file the brief via regular mail.
RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.