Appellate Division: Second Judicial Department

M73400

S/cb

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-09769 In the Matter of Juvondi R. Pender, appellant, v Judy Davidson, respondent. (Docket No. F-5498-07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Queens County, dated September 21, 2007, inter alia, for leave to reargue those branches of his prior motion which were for free transcripts, waiver of the filing fee, and the assignment of counsel, which were denied by decision and order on motion of this court dated February 7, 2008, and decision and order on motion of this court dated April 17, 2008, and to enlarge the time to perfect the appeal. By order to show cause dated June 23, 2008, the appellant's motion was denied and 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 scheduling orders dated February 20, 2008, and April 24, 2008. Application by the appellant to enlarge his time to comply with the scheduling orders and for poor person relief.

Upon the court's own motion and upon the application of the appellant filed in response thereto, it is

ORDERED that the application is denied and the appeal is dismissed, without costs or disbursements.

DICKERSON, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court