Appellate Division: Second Judicial Department

M163020

E/sl

PETER B. SKELOS, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-07352, 2013-07354 In the Matter of Kolien J. Richmond, respondent, v Robert A. Perez, appellant. (Docket Nos. V-3429-05/12AG; O-5381-12)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Dutchess County, both dated June 17, 2013, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the Court's own motion, the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal from the order in the proceeding commenced under Family Court Docket No. V-3429-05/12AG (Appellate Division Docket No. 2013-07352) on the ground that no appeal lies from an order entered upon the default or consent of an appealing party (see CPLR 5511), and (2) dismissing the appeal from the order in the proceeding commenced under Family Court Docket No. O-5381-12 (Appellate Division Docket No. 2013-07354) on the ground that no appeal lies from an order entered upon the consent of an appealing party (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before October 21, 2013; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by regular mail.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court