Rivera v. Fowler

Full title: In the Matter of Oswaldo Rivera, respondent, v. Karen Fowler, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jun 27, 2012

2012 N.Y. Slip Op. 77434 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-01555 Docket No. V-1058-99 V-3433-99 M139907

06-27-2012

In the Matter of Oswaldo Rivera, respondent, v. Karen Fowler, appellant.

REINALDO E. RIVERA

, J.P.

PETER B. SKELOS

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to stay enforcement of an order of the Family Court, Suffolk County, dated January 13, 2012, pending hearing and determination of an appeal therefrom, in effect, to relieve assigned counsel, to continue poor person relief, and for leave to proceed pro se on the appeal and in the Family Court, Suffolk County, and to be permitted to inspect the Family Court file. By order on certification of this Court, dated February 24, 2012, the appellant was granted leave to proceed as a poor person and the following named attorney was assigned as counsel to prosecute the appeal:

Harry Tilis, Esq.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branches of the motion which are, in effect, to relieve assigned counsel, to continue poor person relief and for leave to proceed pro se on the appeal is granted, and said assigned counsel is directed to turn over the transcripts and the papers in the proceedings to the appellant pro se; and it is further,

ORDERED that the appellant pro se shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4 of the rules of this Court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the motion which is for leave to proceed pro se in the Family Court, Suffolk County, is denied without prejudice to seeking relief in the Family Court; and it is further,

ORDERED that branch of the motion which is to be permitted to inspect the Family Court file is granted to the extent permitted by the rules and any orders of the Family Court, Suffolk County; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SKELOS, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court