Appellate Division: Second Judicial Department

M109625

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

SANDRA L. SGROI, JJ.

2010-02942 In the Matter of Alexander Martin, appellant, v Dionne Gill, respondent. (Docket No. F-23753-05)

DECISION & ORDER ON MOTION

Appeal by Alexander Martin from an order of the Family Court, Kings County, dated February 28, 2010. By order to show cause dated August 25, 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 June 24, 2010, 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 reargue those branches of his prior motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel.

Upon the order to show cause and the papers filed in response thereto, and upon the appellant's motion and the papers filed in opposition thereto, it is

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

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

ORDERED that the appellant's time to comply with the scheduling order dated June 24, 2010, is extended until November 15, 2010.

RIVERA, J.P., COVELLO, SANTUCCI and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court