Appellate Division: Second Judicial Department

M96538

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-08488 In the Matter of Tonya Henry, respondent, v Olvin Greenidge, appellant. (Docket No. F-105060-07)

DECISION & ORDER ON MOTION

Appeal by Olvin Greenridge from an order of the Family Court, Kings County, dated July 17, 2009. By order to show cause dated November 10, 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 September 16, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (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.

Now, on the court's own motion, and the papers filed in response to the order to show cause, and upon the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the appellant's motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the branches of the appellant's motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until February 10, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court