Appellate Division: Second Judicial Department

M59655

E/cb

HOWARD MILLER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-04622 In the Matter of Nadine McGregor, respondent, v Sylvanus A. Bacchus, appellant. (Docket No. O-15772-06)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 16, 2007, which dismissed an appeal from an order of the Family Court, Kings County, dated May 15, 2007, for failure to comply with a scheduling order dated May 24, 2007, issued pursuant to 22 NYCRR 670.4(a)(2), to reinstate the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion dated August 16, 2007, and to reinstate the appeal are granted; and it is further,

ORDERED that the decision and order on motion of this court dated August 16, 2007, is recalled and vacated; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied with leave to renew on or before October 10, 2007, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

MILLER, J.P., COVELLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court