Appellate Division: Second Judicial Department

M162276

E/nl

MARK C. DILLON, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-05470 In the Matter of Margaret Liebenstein, respondent, v Farokh Irani, appellant. (Docket Nos. V-2686-10/12J,L, V-2687-10/12J, L)

DECISION & ORDER ON MOTION

Appeal by Farokh Irani from an order of the Family Court, Kings County, dated April 26, 2013. By order to show cause dated August 2, 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 decision and order on motion of this Court dated June 12, 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 reargue those branches of his prior motion which were to stay enforcement of the order, to waive the filing fee, for free transcripts, and for the assignment of counsel, which were determined by the decision and order on motion of this Court dated June 12, 2013.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion for leave to reargue and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further, it is

ORDERED that the motion for leave to reargue is denied; and it is further, it is

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), 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 16, 2013, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court