Appellate Division: Second Judicial Department

M63437

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

THOMAS A. DICKERSON, JJ.

2007-08422 In the Matter of Cristina Sharkey, respondent, v Roy Sharkey, appellant. (Docket Nos. V-19418-06, V-19419-06)

DECISION & ORDER ON MOTION

Appeal by Roy Sharkey from an order of the Family Court, Suffolk County, dated July 26, 2007. By order to show cause dated November 5, 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 September 20, 2007, 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.

Upon the order to show cause and the papers filed in response thereto, and upon the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel and the papers filed in opposition thereto, 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 with leave to renew on or before December 28, 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, as well as the amount and source of counsel fees paid to retained counsel.

MILLER, J.P., SPOLZINO, RITTER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court