| Matter of Doty v DiAmato |
| Motion No: 2007-02821 |
| Slip Opinion No: 2007 NYSlipOp 73627(U) |
| Decided on July 13, 2007 |
| 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
M57071
M/cb
DAVID S. RITTER, J.P.
PETER B. SKELOS
ROBERT A. LIFSON
RUTH C. BALKIN, JJ.
|
2007-02821 DECISION & ORDER O In the Matter of Heidi Doty, respondent, v Joseph V. DiAmato III, appellant. (Docket Nos. V-8294-95, V-8295-95)
| N MOTION |
Appeal by Joseph V. DiAmato III from an order of the Family Court, Orange County, dated February 27, 2007. By order to show cause dated June 13, 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 in the above-entitled proceeding for failure to comply with a scheduling order dated April 16, 2007, issued pursuant to 22 NYCRR 670.4(a)(2). Separate motion by the counsel assigned to represent the appellant in the proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel, and to grant the appellant leave to prosecute the appeal as a poor person.
Now, on the court's own motion, and the papers filed in response to the order to show cause and in support of the separate motion of the assigned counsel, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the separate motion by the assigned counsel to be relieved, for the assignment of new counsel, and to grant the appellant leave to prosecute the appeal as a poor person, is denied, with leave to renew on or before August 10, 2007, upon the submission of proper papers in accordance with CPLR 1101 establishing that the appellant is entitled to poor person relief, is interested in pursuing the appeal, and that the appeal is meritorious, and the separate motion is held in abeyance in the interim; and it is further,
ORDERED that in the event that the appellant does not renew the motion for leave to prosecute the above-entitled appeal as a poor person on or before August 10, 2007, the appeal will be dismissed; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before July 26, 2007, by one of the methods specified in CLPR 2103(c) and shall file proof of such service with this court.
RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court