Appellate Division: Second Judicial Department

M114296

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2009-11061 In the Matter of Maria G. Aruti, appellant, v Ike Aruti, respondent. (Docket No. O-13214-07)

DECISION & ORDER ON MOTION

Motion by the respondent pro se on an appeal from an order of the Family Court, Queens County, dated August 21, 2009, to enlarge the record to include materials pertaining to other related Family Court proceedings, for leave to prosecute the appeal as a poor person, including the assignment of counsel, and to enlarge the time to serve and file a brief, or, in the alternative, inter alia, to dismiss the appeal.

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 poor person relief and the assignment of counsel is denied with leave to renew on or before February 10, 2011, 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 it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief on the appeal is enlarged until March 10, 2011, and the respondent shall serve and file a brief on or before that day; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court