Appellate Division: Second Judicial Department

M158200

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-09498 In the Matter of Christy Haughton, appellant, v Jeffrey Tsang, Sr., respondent. (Docket Nos. V-18004-08/12C, V-18005-08/12C)

DECISION & ORDER ON MOTION

Appeal by Christy Haughton from an order of the Family Court, Suffolk County, dated September 21, 2012. By order to show cause dated April 23, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated March 8, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated September 21, 2012, as a poor person and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and 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 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 July 18, 2013, upon proper papers, including documentation concerning the value of her 401(k) retirement plan account.

ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court