Appellate Division: Second Judicial Department

M134025

E/ct

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-10463, 2011-10464 In the Matter of Tania Hall, respondent, v Barry Simmons, appellant. (Docket Nos. V-6966-98/10G, V-6966-98/10I)

DECISION & ORDER ON MOTION

Appeals by Barry Simmons from two orders of the Family Court, Queens County, dated October 4, 2011, and October 5, 2011, respectively. By order to show cause dated January 20, 2012, 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 proceedings for failure to comply with a scheduling order dated November 22, 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 appeals 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 the papers filed in support of the 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, with leave to renew, on or before March 23, 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.

DICKERSON, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court