Appellate Division: Second Judicial Department

M125750

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-04180 In the Matter of James Mayhar, appellant- respondent, v Jacqueline M. Moyer, et al., respondents, Jennifer Moyer, respondent-appellant. (Docket Nos. V-330-09/10A, V-998-11, V-5978-10, V-6919-10, G-3243-06/10I, G-3243-09/10J)

DECISION & ORDER ON MOTION

Appeal by James Mayhar and cross appeal by Jennifer Moyer from an order of the Family Court, Dutchess County, dated March 28, 2011. By order to show cause dated June 30, 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 cross appeal by Jennifer Moyer in the above-entitled proceeding for her failure to comply with a scheduling order dated May 19, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by Jennifer Moyer for poor person relief and the assignment of counsel.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion for poor person relief and the assignment of counsel, and the papers filed in opposition and in relation thereto, it is

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

ORDERED that the motion for poor person relief and the assignment of counsel is denied with leave to renew on or before October 14, 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.

ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court