Matter of Zengling Shi v Shenglin Lu
Motion No: 2012-07048
Slip Opinion No: 2012 NY Slip Op 91795(U)
Decided on November 28, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M147214

V/

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, 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

Renewed 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 poor person relief and 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 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 proceeding to be transcribed for the appeal and 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 above 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.

ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, 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.