Appellate Division: Second Judicial Department

M55140

E/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-01309 In the Matter of Patricia Mariuz, appellant, v Joseph Sheridan, respondent. (Docket No. F-2203-03)

DECISION & ORDER ON MOTION

Appeal by Patricia Mariuz from an order of the Family Court, Orange County, dated January 8, 2007. By order to show cause dated April 18, 2007, 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 for failure to comply with a scheduling order dated March 1, 2007, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the order to show cause and the papers filed in response thereto, and upon the appellant's motion, it is

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

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied; and it is further,

ORDERED that the matter is referred to the to the Clerk of this court for the issuance of a scheduling order pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

FLORIO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court