Appellate Division: Second Judicial Department

M58480

M/cb

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2006-11258 In the Matter of Lillian Olsey, appellant, v Carol Birch, respondent. (Docket Nos. V-12958-06, V-12959-06)

DECISION & ORDER ON MOTION

Appeal by Lillian Olsey from an order of the Family Court, Westchester County, dated October 13, 2006. By order to show cause dated June 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 in the above-entitled proceeding for failure to comply with a scheduling order dated May 4, 2007, issued pursuant to 22 NYCRR 670.4(a)(2). Cross motion by the appellant for leave to prosecute the above-entitled 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 upon the cross motion for leave to prosecute the above-entitled appeal as a poor person, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied with leave to renew on or before September 4, 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.

PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court