Appellate Division: Second Judicial Department

M146857

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

SYLVIA HINDS-RADIX, JJ.

2012-06424 In the Matter of Janet L. Garaguso, appellant, v Vincent M Garaguso, respondent. (Docket No. F-3035-07/11A)

DECISION & ORDER ON MOTION

Appeal by Janet L. Garaguso from an order of the Family Court, Orange County, dated May 1, 2012. By order to show cause dated September 14, 2012, the parties or their attorneys are 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 July 20, 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 leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the 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 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 branch of the motion which is to enlarge time is granted and pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before December 21, 2012, the 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 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 appeal; and it is further,

ORDERED that in the event the appellant fails to provide the above information on or before December 21, 2012, the Court, on its own motion, will dismiss the appeal without further notice.

RIVERA, J.P., BALKIN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court