Appellate Division: Second Judicial Department

M214593

E/ct

THOMAS A. DICKERSON, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-11705 In the Matter of John Henry Eckstein, Jr., appellant, v Carolyn Alice Young, respondent. (Docket Nos. V-5887-11, V-7118-11, V-15405-11, V-3951-12, V-3951-12/14A)

DECISION & ORDER ON MOTION

Appeal by John Henry Eckstein, Jr., from an order of the Family Court, Westchester County, dated October 22, 2015. By order to show cause dated May 23, 2016, 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 scheduling order dated April 11, 2016, 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 leave to prosecute the appeal as a poor person 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 the papers filed in opposition 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 with leave to renew on or before August 8, 2016, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, 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 August 8, 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) if the 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 the appellant fails to move for leave to prosecute the appeal as a poor person and for the assignment of counsel, or to file the affidavit or affirmation on or before August 8, 2016, as set forth above, the Court will dismiss the appeal, without further notice.

DICKERSON, J.P., MILLER, LASALLE 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.