Appellate Division: Second Judicial Department

M128008

S/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2011-04505 In the Matter of Jordan T. (Anonymous); Claudia B. T. (Anonymous), appellant. (Docket No. A-41-11)

DECISION & ORDER ON MOTION

Appeal by Claudia B. T. from an order of the Family Court, Suffolk County, dated March 28, 2011. By order to show cause dated August 18, 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 May 24, 2011. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Now, on the Court's own motion and the papers filed in response thereto, and upon the papers filed in support of the motion for poor person relief and the papers filed in opposition thereto, it is

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

ORDERED that the motion for leave to prosecute the appeal as a poor person is denied with leave to renew on or before November 21, 2011, on proper papers setting forth the appellant's full income, the income of her spouse, if any, all resources and assets, and whether the residence in which she resides is mortgaged, and if so the amount of such mortgage and the equity value of the house, if any.

RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court