Matter of Fusco v Fusco
Motion No: 2014-03861
Slip Opinion No: 2014 NY Slip Op 83582(U)
Decided on September 16, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M179841

E/ct

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-03861

In the Matter of Anthony S. Fusco, appellant,

v Victoria J. Fusco, respondent.

(Docket No. F-549-12/12C)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, on an appeal from an order of the Family Court, Putnam County, dated February 11, 2014, for leave to reargue the branches of his prior motion which were to waive the filing fee, for free transcripts, and for the assignment of counsel, which were denied by decision and order on motion of this Court dated July 8, 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 motion is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before October 16, 2014, 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 proceeding 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 on or before October 16, 2014, 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.

RIVERA, J.P., HALL, COHEN and DUFFY, 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.