Appellate Division: Second Judicial Department

M98689

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

LEONARD B. AUSTIN, JJ.

2009-04077 In the Matter of Shelley Jenkins, respondent, v Milton Bailey, appellant. (Docket No. F-12639-08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Nassau County, dated March 18, 2009, for a reconstruction hearing concerning the proceedings which occurred in the Family Court, Nassau County, in the above-entitled matter, for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for a reconstruction hearing is denied with leave to renew on or before March 16, 2010, upon proof that the appellant has ordered and paid for the transcript of the proceedings on December 18, 2008; and it is further,

ORDERED that the branch of the 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 motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.

DILLON, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court