Appellate Division: Second Judicial Department

M201524

W/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-07288 In the Matter of Sandy Chadee, respondent, v Carlos Pena, appellant. (Docket Nos. V-4142-11/15E, V-4142-11/13D, V-4142-11/12B)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated July 10, 2015, 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 motion is denied, with leave to renew, on or before December 11, 2015, upon proper papers including an affidavit setting forth the ownership of the residence at 348 Castleton Avenue, Staten Island, the market value of the premises, the value of any liens or mortgages encumbering the premises, whether tenants reside at the premises, the amount of rent paid by the tenants, and expenses incurred in running the premises; and it is further,

ORDERED that on or before December 11, 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 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) if the 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 the 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 December 11, 2015, or if the appellant has not renewed his motion for poor person relief on or before that date, 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., LEVENTHAL, MILLER 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.