Appellate Division: Second Judicial Department

M37682

T/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

THOMAS A. ADAMS

PETER B. SKELOS, JJ.

2005-10485 In the Matter of William L. Harris, appellant, v Suffolk County Department of Social Services, o/b/o Patricia Gibbs, respondent. (Docket No. F-08924-05)

DECISION & ORDER ON MOTION

Appeal by William L. Harris from an order of the Family Court, Suffolk County, dated August 19, 2005. By order to show cause dated January 25, 2006, 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 December 12, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant for leave to prosecute the above-entitled appeal as a poor person, and for the assignment of counsel.

Now, on the court's own motion, and the papers filed in response to the order to show cause and in support of the application, it is

ORDERED that those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee are denied; and it is further,

ORDERED that the branch of the motion which is to perfect the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d]); and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until May 1, 2006.

FLORIO, J.P., MILLER, ADAMS and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court