Appellate Division: Second Judicial Department

M40940

C/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-02289 In the Matter of Kiri C. (Anonymous). Administration for Children's Services, respondent; Catherine W. (Anonymous), appellant. (Docket No. N-18656/04)

DECISION & ORDER ON MOTION

Appeal by Catherine W. from an order of the Family Court, Queens County, dated January 25, 2006. By order to show cause dated May 5, 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 March 23, 2006. Motion by the appellant, in effect, to stay all proceedings in the Family Court in the above-entitled proceeding pending hearing and determination of the appeal, for poor person relief and the assignment of counsel, and to be provided with full access to the Family Court record in the above-entitled matter and a copy of the tape-recording, if any, which was made of the proceedings in the above-entitled matter which occurred on January 25, 2006.

Upon the court's own motion and upon the papers filed on support in the appellant's motion and the papers filed in opposition or relation thereto, it is

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

ORDERED that the branch of the appellant's motion which is for poor person relief and the assignment of counsel is denied, with leave to renew on or before July 18, 2006, upon proper papers establishing that she is entitled to poor person relief, setting forth her full income, her resources, and her expenses; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court