Appellate Division: Second Judicial Department

M141115

E/nl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ROBERT J. MILLER, JJ.

2012-03034 In the Matter of Dean T. Hansen, appellant, v Marilyn J. McIntosh, respondent. (Docket No. F-23178-10/11C)

DECISION & ORDER ON MOTION

Appeal by Dean T. Hansen from an order of the Family Court, Suffolk County, dated February 21, 2012. By order to show cause dated June 11, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 19, 2012, 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 poor person relief.

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 branch of the appellant's motion which is 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 branches of the appellant's motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the appellant's time to file an affidavit or affirmation in accordance with the scheduling order dated April 19, 2012, is extended until August 24, 2012; and it is further,

ORDERED that in the event the appellant fails to file the affidavit or affirmation on or before August 24, 2012, the Court, on its own motion, will dismiss the appeal without further notice.

DILLON, J.P., ANGIOLILLO, BALKIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court