Appellate Division: Second Judicial Department

M139776

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2012-00154 In the Matter of Shirley Saenz, appellant, v Forrest Richardson, respondent. (Docket Nos. F-8562-09/10, F-21503-10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Family Court, Kings County, dated September 7, 2011, and November 16, 2011, pending hearing and determination of an appeal from the order dated November 16, 2011, for poor person relief, including being furnished free transcripts, for the assignment of counsel, and to be provided with certain income tax returns and W-2 forms of the respondent. Separate motion by the appellant for poor person relief, including being furnished free transcripts, for the assignment of counsel, and to be provided with certain income tax returns and W-2 forms of the respondent.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that the transcript has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(2) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1) or (2) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

RIVERA, J.P., ENG, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court