Appellate Division: Second Judicial Department

M168495

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SYLVIA O. HINDS-RADIX, JJ.

2012-07269 In the Matter of Nicholas M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Julie M. (Anonymous), respondent-appellant. (Docket No. B-591/12)

DECISION & ORDER ON MOTION

Appeal by Julie M. from an order of the Family Court, Suffolk County, dated June 18, 2012. By order to show cause dated November 14, 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 proceeding for failure to comply with a scheduling order dated September 24, 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 February 21, 2014, upon proper papers, including the appellant's affidavit setting forth (1) 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 (2) the amount and source of counsel fees paid to retained counsel in the Family Court, Suffolk County; and it is further,

ORDERED that if the appellant fails to renew her motion on or before February 21, 2014, as set forth above, the Court will dismiss the appeal, without further notice.

BALKIN, J.P., CHAMBERS, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court