Appellate Division: Second Judicial Department

M224314

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2016-12145 In the Matter of Lociano D. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Joyelle M. B. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Mikhail R. D. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Joyelle M. B. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. N-11945-16, N-9830-16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Suffolk County, dated October 17, 2016, to stay enforcement of all orders and all proceedings in the above-entitled matters, pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, including waiver of the filing fee and free transcripts, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to stay enforcement of all orders and all proceedings in the above-entitled matters is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, including waiver of the filing fee and free transcripts, and for the assignment of counsel are denied with leave to renew on or before February 9, 2017, upon proper papers, including the respondent-appellant's affidavit setting forth the respondent-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 February 9, 2017, 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 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 February 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.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, 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.