Appellate Division: Second Judicial Department

M167546

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-07108 In the Matter of Jolanta Silit, respondent, v Bogdan Lengiewicz, appellant. (Proceeding No. 1) In the Matter of Bogdan Lengiewicz, appellant, v Jolanta Silit, respondent. (Proceeding No. 2) (Docket Nos. O-2979-12, O-3022-12, O-3022-12/12A)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated November 4, 2013, which dismissed an appeal from an order of the Family Court, Nassau County, dated May 13, 2013, for failure to comply with a scheduling order dated July 17, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), to reinstate the appeal, for poor person relief, and for the assignment of counsel.

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 branches of the motion which are to recall and vacate the decision and order on motion of this Court dated November 4, 2013, and to reinstate the appeal are granted, the decision and order on motion of this Court dated November 4, 2013, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied, with leave to renew, on or before January 31, 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., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court