Appellate Division: Second Judicial Department

M122744

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-11378, 2010-11447, 2010-11448, 2010-11449 In the Matter of Dawn M. Palange, respondent, v Kenneth E. Herbst, appellant. (Docket No. F-4345/07)

DECISION & ORDER ON MOTION

Appeals by Kenneth E. Herbst from four orders of the Family Court, Suffolk County, all dated October 28, 2010. By order to show cause dated June 6, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated April 8, 2011, pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se, inter alia, to stay enforcement of the orders dated October 28, 2010, for poor person relief, and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the appellant's 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]), the appellant's time to comply with the scheduling order dated April 8, 2011, is extended until August 8, 2011; and it is further,

ORDERED that if the appellant fails to comply with the scheduling order dated April 8, 2011, in accordance with the foregoing provision the appeals will be dismissed.

SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court