Appellate Division: Second Judicial Department

M179842

E/ct

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-04935 In the Matter of Nelson Rosado, respondent, v Haydenise Rosado, appellant. (Proceeding No. 1) In the Matter of Haydenise Rosado, appellant, v Nelson Rosado, respondent. (Proceeding No. 2) (Docket Nos. V-156-13, V-596-13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated April 4, 2014, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is denied, with leave to renew on or before October 16, 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; and it is further,

ORDERED that in the event the appellant does not make the motion set forth above, the appellant shall file in the office of the Clerk of this Court one of the following on or before October 16, 2014:

(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 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.