Appellate Division: Second Judicial Department

M177940

E/nl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2014-03654 In the Matter of Jean Emy Pierre, respondent, v Nijaah Howard, appellant. (Docket Nos. V-13591-06, V-9290-07/11C, V-8178-06/11F)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated March 21, 2014, to waive the filing fee, to be provided with free transcripts of the proceedings, for the appointment of Michael L Previto as pro bono counsel, and, in effect, to extend the time to comply with the scheduling order of this Court dated May 12, 2014.

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 waive the filing fee and to be provided with free transcripts of the proceedings are denied, with leave to renew on or before September 2, 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; and it is further,

ORDERED that the branch of the motion which is for the appointment of Michael L Previto as pro bono counsel is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is in effect, to extend the time to comply with the scheduling order of this Court dated May 12, 2014, is granted and on or before September 2, 2014, in the event that the appellant does not renew his motion for poor person relief, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

DILLON, J.P., DICKERSON, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.