| Matter of Ade v Orneas |
| Motion No: 2012-10351 |
| Slip Opinion No: 2013 NY Slip Op 85527(U) |
| Decided on September 17, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M162296
E/nl
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-10351 In the Matter of Andree Stephane Ade, respondent, v Daniel Orneas, appellant. (Docket No. F-25827/10/12D, E)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated September 28, 2012, in effect, for leave to reargue his prior motion to waive the filing fee, for free transcripts, and for the assignment of counsel, which was determined by decision and order on motion of this Court dated July 3, 2013, and to enlarge the time to comply with the scheduling order contained in the decision and order on motion dated July 3, 2013.
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 branch of the motion which is, in effect, for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to comply with the scheduling order contained in the decision and order on motion of this Court dated July 3, 2013, is granted, and pursuant to § 670.4 of the rules of this Court (22 NYCRR 670.4[9]) on or before October 17, 2013, 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 the appellant fails to file the affidavit or affirmation on or before October 17, 2013, as set forth above, the Court will dismiss the appeal, without further notice.
RIVERA, J.P., LOTT, SGROI and MILLER, 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.