Appellate Division: Second Judicial Department

M130384

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-06026 In the Matter of Isabelle M. (Anonymous). Administration for Children's Services, petitioner-respondent; Angel M. (Anonymous), et al., respondents-respondents; Nancy D. (Anonymous), nonparty-appellant. (Proceeding No. 1) In the Matter of Angel M. (Anonymous), Jr. Administration for Children's Services, petitioner-respondent; Angel M. (Anonymous), et al., respondents-respondents; Nancy D. (Anonymous), nonparty-appellant. (Proceeding No. 2) (Docket Nos. NN-18343-07, NN-18344-07)

DECISION & ORDER ON MOTION

Appeal by Nancy D. from an order of the Family Court, Kings County, dated June 15, 2011. By order to show cause dated October 20, 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 August 18, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon 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 appeal is denied; and it is further,

ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied, with leave to renew on or before January 13, 2012, 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., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court