Appellate Division: Second Judicial Department

M120132

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2010-11403 In the Matter of Robert M. Burris, appellant, v Jennifer Burris, respondent. (Docket Nos. F-1247/08, F-1249/08, F-413/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Rockland County, dated November 4, 2010, to be provided with the transcripts of certain proceedings without charge, 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 20 days after the date of this 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 proceedings 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 actions described in (1), (2), (3), or (4) above has been taken within 20 days of the date of this 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.

ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court