Appellate Division: Second Judicial Department

M210910

E/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2016-01120 In the Matter of Anthony (Anonymous). Mary-Beth L. (Anonymous), et al., petitioners-respondents; Erika P. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Alexa (Anonymous). Mary-Beth L. (Anonymous), et al., petitioners-respondents; Erika P. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. A-1728-15, A-1746-15, A-13-15, A-14-15)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated December 16, 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 and in relation thereto, it is

ORDERED that the motion is denied with leave to renew on or before June 2, 2016, upon proper papers, including the respondent-appellant's affidavit setting forth her full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and the source and amount of counsel fees paid to retained counsel in the Family Court; and it is further,

ORDERED that the respondent-appellant's time to respond to the scheduling order of this Court dated February 16, 2016, is extended, and, pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before June 2, 2016, the respondent-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) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a 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 June 2, 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.

CHAMBERS, J.P., DICKERSON, HINDS-RADIX and CONNOLLY, 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.