Appellate Division: Second Judicial Department

M131639

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-08852 In the Matter of Mercedes Taveras, appellant, v Michael D'Andrea, respondent. (Docket Nos. V-4683/11, V-6620/11)

DECISION & ORDER ON MOTION

Appeal by Mercedes Taveras from an order of the Family Court, Suffolk County, dated September 26, 2011. By order to show cause dated December 8, 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 proceedings for failure to comply with a scheduling order dated October 25, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant for leave to prosecute the appeal as a poor person.

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 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 appellant's motion is denied with leave to renew on or before January 31, 2012, upon proper papers, including the appellant's affidavit setting forth whether the appellant's counsel will be representing her pro bono on the appeal, and, if not, the amount and source of counsel fees paid to retained counsel.

BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court