Appellate Division: Second Judicial Department

M215658

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-03480 In the Matter of Victor H. Castaman, et al., respondents, v Viviana San Martin, appellant. (Docket Nos. V-25068-13/15A, V-25069-13/15A)

DECISION & ORDER ON MOTION

Appeal by Viviana San Martin from an order of the Family Court, Queens County, dated March 4, 2016. By order to show cause dated June 21, 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 proceedings for failure to comply with a scheduling order dated April 28, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal 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 August 29, 2016, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating either (1) that the transcript has been received and indicating the date that it was received, or, (2) if the transcript has not been received, stating that the transcript has been ordered and paid for, the date thereof and the date by which the transcript is expected, or, 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, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation or make the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, on or before August 29, 2016, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., BALKIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court