Loewenberg v Dokic
Motion No: 2014-00143
Slip Opinion No: 2015 NY Slip Op 61435(U)
Decided on January 16, 2015
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

M185771

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2014-00143, 2014-00145

Shira Loewenberg, respondent,

v Sinisa Dokic, appellant.

(Index No. 55/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Supreme Court, Queens County, dated April 12, 2013, and August 15, 2013, respectively, 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 thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is granted, and the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that on or before February 17, 2015, 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 in the Supreme Court action to be transcribed for the appeals; 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 appeals; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before February 17, 2015, as set forth above, the Court will dismiss the appeals, without further notice.

RIVERA, J.P., BALKIN, HALL and SGROI, 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.