| Matter of Diggs v Myers |
| Motion No: 2006-03510 |
| Slip Opinion No: 2006 NYSlipOp 72492(U) |
| Decided on July 21, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M42378
A/nl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2006-03510 In the Matter of Arnold Diggs, Jr., appellant, v Anna R. Myers, respondent. (Docket No. F-3077/88-04E)
| DECISION & ORDER ON MOTION |
Appeal by Arnold Diggs, Jr., from an order of the Family Court, Queens County, dated December 5, 2005. By order to show cause dated June 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 April 21, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Now, on the court's own motion, and the papers filed in support of the motion, it is
ORDERED that the order to show cause is denied; and it is further,
ORDERED that the branches of the motion 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 motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1]).
MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court