| Matter of T. (Anonymous) v T. (Anonymous) |
| Motion No: 2015-05692 |
| Slip Opinion No: 2016 NY Slip Op 65160(U) |
| Decided on February 24, 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. |
Appellate Division: Second Judicial Department
M206872
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
BETSY BARROS, JJ.
|
2015-05692 In the Matter of Sobir T. (Anonymous), appellant, v Mukaddam T. (Anonymous), respondent. (Docket No. P-2235-15)
| DECISION & ORDER ON MOTION |
Appeal by Sobir T. from an order of the Family Court, Kings County, dated June 2, 2015. By order to show cause dated November 20, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated October 2, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se for poor person relief and for the assignment of counsel.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the appellant's motion is denied; 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 March 25, 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 the appellant fails to file the affidavit or affirmation on or before March 25, 2016, as set forth above, the Court will dismiss the appeal, without further notice.
DILLON, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court