Appellate Division: Second Judicial Department

M157577

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-10440 In the Matter of Atalay Yilmaz, appellant, v Laura Cachell, respondent. (Docket Nos. V-9991-09, V-991-09/10A, V-3434-10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated September 13, 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 with leave to renew on or before June 28, 2013, upon proper papers including information regarding the appellant's income, expenses and source of tuition; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before July 8, 2013, in the event that the appellant does not make the renewed motion set forth above, 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 if the appellant fails to make the renewed motion or file the affidavit or affirmation as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court