Appellate Division: Second Judicial Department

M150580

E/nl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2012-09282 In the Matter of Jay Dyer, respondent, v Andrea Murray, appellant. (Docket No. V-15726-10/12C)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 27, 2012, as a poor person and for the assignment of counsel. By order to show cause dated December 20, 2012, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal had been rendered academic, and the appellant's motion was held in abeyance in the interim.

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 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 appellant's motion is denied, with leave to renew on or before March 1, 2013, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

SKELOS, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court