Appellate Division: Second Judicial Department

M144350

J/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2012-07048 In the Matter of Zengling Shi, respondent-appellant, v Shenglin Lu, appellant-respondent. (Docket Nos. F-1099-02/09J, F-1099-02/10L, F-1099-02/10M and F-1099-02/10N)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 12, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Family Court, Queens County, dated June 20, 2012, for leave to prosecute the cross appeal as a poor person, and for the assignment of counsel.

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 is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the cross appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,

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

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the cross appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the actions described in (1), (2), (3), or (4) 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 and cross appeal to show cause why the cross appeal should or should not be dismissed.

SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.