Appellate Division: Second Judicial Department

M35357

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-09810 In the Matter of Ann Puff, respondent, v Vincent R. Scafidi, appellant. (Docket No. F-271-97)

DECISION & ORDER ON MOTION

Appeal by Vincent R. Scafidi from an order of the Family Court, Westchester County, dated September 20, 2005. By order to show cause dated December 21, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

On the court's own motion, the papers filed in response to the order to show cause, and the application, it is

ORDERED that the order to show cause is denied; and it is further,

ORDERED that the branches of the application which are for the waiver of fees, a free transcript, and the assignment of counsel are denied; and it is further,

ORDERED that the branch of the application which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1]).

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court