Appellate Division: Second Judicial Department

M83112

M/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-10944 In the Matter of Maria J. Leger, appellant, v Lionel P. Hampton, respondent. (Docket No. F-20091-04)

DECISION & ORDER ON MOTION

Appeal by Maria J. Leger from an order of the Family Court, Queens County, dated October 20, 2008. By order to show cause dated January 26, 2009, 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 December 11, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). Separate motion by the appellant for leave to prosecute the above-entitled appeal as a poor person, the assignment of counsel, free transcripts, and the waiver of the filing fee.

Now, on the court's own motion, and the papers filed in response to the order to show cause, and upon the appellant's separate motion, it is

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

ORDERED that the appellant's separate motion for leave to prosecute the above-entitled appeal as a poor person is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 20 days of the date of this scheduling order, the may be dismissed.

FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.