Appellate Division: Second Judicial Department

M70878

M/cb

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-02030 In the Matter of Bianca S. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Yvette S. (Anonymous), respondent; Gloria H. (Anonymous), nonparty-appellant. (Proceeding No. 1) In the Matter of Gloria H. (Anonymous), appellant, v Yvette S. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket Nos. B-4759-03, G-12132-02)

DECISION & ORDER ON MOTION

Appeal by Gloria H. from an order of the Family Court, Queens County, dated December 21, 2007. By order to show cause dated April 24, 2008, 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 March 13, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). Cross application 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, it is

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

ORDERED that the appellant's cross application for leave to prosecute the above-entitled appeal as a poor person is denied, with leave to renew on or before June 23, 2008, 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.

MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court