Appellate Division: Second Judicial Department

M106167

E/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2010-02214 In the Matter of Tywona Eiland-Sweeting, respondent, v Alcindo Sweeting, appellant. (Docket No. O-00557-10)

DECISION & ORDER ON MOTION

Appeal by Alcindo Sweeting from an order of the Family Court, Nassau County, dated January 27, 2010. By order to show cause dated May 24, 2010, 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 March 25, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]). Motion by the appellant for poor person relief and for the assignment of counsel.

Upon the motion to dismiss the appeal and the papers filed in response to the order to show cause, and upon the papers filed in support of the appellant's motion for poor person relief and for the assignment of counsel 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 appellant's motion for poor person relief and for the assignment of counsel is denied, with leave to renew, on or before August 24, 2010, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and whether trial counsel was retained or assigned and, if retained, the amount and source of counsel fees paid to retained counsel

SKELOS, J.P., LEVENTHAL, CHAMBERS and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court