Appellate Division: Second Judicial Department

M112013

E/ct

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-07557 In the Matter of Clayton Matthews, Sr., appellant, v Angela Liotta, respondent. (Docket No. F-4878-08)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated June 22, 2010, for leave to prosecute the appeal as a poor person, to waive the filing fee, for free transcripts, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this scheduling 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 scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court