Appellate Division: Second Judicial Department

M155754

V/

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2012-10351 In the Matter of Andree Stephane Ade, respondent, v Daniel Orneas, appellant. (Index No. F-25827/10/12D, E)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 28, 2012, 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 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 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 to show cause why the appeal should or should not be dismissed.

SKELOS, J.P., DICKERSON, CHAMBERS and ROMAN, 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.