Matter of Hall v Kirton
Motion No: 2015-06650
Slip Opinion No: 2016 NY Slip Op 62759(U)
Decided on January 29, 2016
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

M205539

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-06650

In the Matter of Sean Anthony Hall, appellant,

v Linda Michelle Kirton, respondent.

(Docket No. U-9136-10/15B)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated June 19, 2015, 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 determined by decision and order on motion of this Court dated November 19, 2015.

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 on or before February 29, 2016, 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 above actions described in (1), (2), (3), or (4), above, has been taken on or before February 29, 2016, 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.

DILLON, J.P., COHEN, MALTESE and BARROS, 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.