Appellate Division: Second Judicial Department

M166675

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-06698 In the Matter of Elliot D. Fortune II, respondent, v Traci Wheelwright, appellant. (Proceeding No. 1) In the Matter of Traci Wheelwright, appellant, v Elliot D. Fortune II, respondent. (Proceeding No. 2) (Docket Nos. V-3976-09/11B, V-3977-09/11B, V-3976-09/12C, V-3977-09/12C)

DECISION & ORDER ON MOTION

Appeal by Traci Wheelwright from an order of the Family Court, Nassau County, dated May 14, 2013. By order to show cause dated September 19, 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 July 5, 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 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 January 9, 2014, 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.

SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court