Appellate Division: Second Judicial Department

M148847

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA HINDS-RADIX, JJ.

2012-07516 In the Matter of Brandon Tomony, appellant, v Suffolk County Department of Social Services, respondent. (Docket No. F-13125/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated June 25, 2012, for leave to reargue those branches of his prior motion which were to waive the filing fee, for free transcripts, and for the assignment of counsel, which were determined by decision and order on motion of this Court dated October 25, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition 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 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; 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 within 30 days after the date of this decision and order on motion, the Court, on its own motion, will dismiss the appeal without further notice.

ANGIOLILLO, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court