Appellate Division: Second Judicial Department

M109446

M/ct

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2010-05674 In the Matter of Klaus W. Dietrich, Sr., appellant, v Tammy Jean Dietrich, respondent. (Docket No. F-6621-07)

DECISION & ORDER ON MOTION

Appeal by Klaus W. Dietrich, Sr., from an order of the Family Court, Orange County, dated May 5, 2010. By order to show cause dated August 12, 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 above-entitled appeal for failure to comply with a scheduling order dated June 21, 2010, 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, and the papers filed in response to the order to show cause, it is

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

ORDERED that the appellant's time to comply with the scheduling order is enlarged until October 28, 2010; and it is further,

ORDERED that the branch of the appellant's motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals 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.

COVELLO, J.P., LEVENTHAL, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court