Appellate Division: Second Judicial Department

M117299

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2011-00174 In the Matter of Anthony Jerome McKnight, appellant, v Dawn Marie Middleton, respondent. (Docket No. V-27522-07)

DECISION & ORDER ON MOTION

Appeal by Anthony Jerome McKnight from an order of the Family Court, Kings County, dated October 14, 2010. By order to show cause dated March 16, 2011, 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 January 28, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellant pro se for poor person relief and the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the application 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 application for poor person relief and the assignment of counsel is denied, with leave to file a motion for the same relief, on or before May 18, 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.

RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court