Appellate Division: Second Judicial Department

M222668

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-08725 In the Matter of Moshe Bursztyn, appellant, v Nathan Friedman, et al., respondents. (Docket Nos. O-1000-15, O-588-15/16C)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Rockland County, dated July 6, 2016,"to dismiss the [October 31, 2016,] traverse hearing . . . to dismiss . . . the improper orders of protection . . . to put orders of protection on [the respondents]," for poor person relief, and for the assignment of counsel. Separate motion by the appellant pro se for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are "to dismiss the [October 31, 2016,] traverse hearing . . . to dismiss . . . the improper orders of protection [and] to put orders of protection on [the respondents]" are denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel and the motion for poor person relief and for the assignment of counsel are denied with leave to renew on or before January 9, 2017, 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 January 9, 2017, 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 renewed 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 January 9, 2017, 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., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.