Appellate Division: Second Judicial Department

M165903

E/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2013-07750 In the Matter of Ava Arnold, appellant, v Michael Arnold, respondent. (Docket Nos. O-19585-12, O-19585-12/13G)

DECISION & ORDER ON MOTION

Appeal by Ava Arnold from an order of the Family Court, Suffolk County, dated July 29, 2013. By order to show cause dated October 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 scheduling order dated August 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 the appeal 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 appellant's motion and the papers filed in opposition thereto, it is 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 December 30, 2013, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,

ORDERED that the appellant's time to comply with the scheduling order dated August 8, 2013, is extended until December 30, 2013; and it is further,

ORDERED that if the appellant fails to file the file the renewed motion for poor person relief and the assignment of counsel, or comply with the scheduling order dated August 8, 2013, on or before December 30, 2013, as set forth above, the Court will dismiss the appeal, without further notice.

BALKIN, J.P., LOTT, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court