Appellate Division: Second Judicial Department

M98271

M/ct

PETER B. SKELOS, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-09679 In the Matter of Belinda Vasquez, respondent, v Jerome Washington, appellant. (Docket No. F-36059-07)

DECISION & ORDER ON MOTION

Appeal by Jerome Washington from an order of the Family Court, Kings County, dated July 31, 2009. By order to show cause dated December 15, 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 November 4, 2009, issued pursuant to 22 NYCRR 670.4(a)(2). Separate motion by the appellant for leave to proceed on the above-entitled appeal as a poor person.

Now, on the court's own motion, the appellant's motion for leave to proceed on the above-entitled appeal as a poor person, and the papers filed in response thereto, it is

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

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

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 30 days after the date of this 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 30 days of the date of this order, the appeal may be dismissed.

SKELOS, J.P., FLORIO, HALL and AUSTIN, 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.