Appellate Division: Second Judicial Department

M201312

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2015-08177 In the Matter of Amanda Massay, petitioner-appellan v Ramon Manoyrine, respondent; Ramon R. (Anonymous), Jr., et al., nonparty-appellants. (Docket Nos. V-9023-14, V-9024-14)

DECISION & ORDER ON MOTION t,

Motion by the petitioner-appellant on appeals from an order of the Family Court, Kings County, dated July 21, 2015, for poor person relief and for the assignment of counsel for her appeal.

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

ORDERED that the motion is denied with leave to renew on or before November 30, 2015, upon proper papers, including the petitioner-appellant's affidavit setting forth her full financial situation including all assets, both real and personal, including the balances in all bank accounts and Individual Retirement Accounts, as well as any and all sources of income and expenses; 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 November 30, 2015, the petitioner-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 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) if the petitioner-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a renewed motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, as set forth above; or

(5) an affidavit or an affirmation withdrawing her appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken on or before November 30, 2015, or if the petitioner-appellant has not renewed her motion for poor person relief on or before November 30, 2015, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal by the petitioner-appellant should or should not be dismissed.

ENG, P.J., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.