Appellate Division: Second Judicial Department

M228849

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-06000 In the Matter of Regan U. Lally, appellant, v Richard E. Aebly, respondent. (Docket No. F-4948-12/15G, 16H)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Nassau County, dated May 5, 2016, inter alia, for leave to reargue her prior motion for poor person relief and the assignment of counsel, which was determined by decision and order on motion of this Court dated September 15, 2016, to transfer venue of the appeal to the Appellate Division, Fourth Judicial Department, and, in effect, to enlarge the time to comply with the scheduling provisions contained in a decision and order on motion of this Court dated September 15, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to enlarge the time to comply with the scheduling provisions contained in the decision and order on motion dated September 15, 2016, is granted, and pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant's time to comply with the decision and order on motion dated September 15, 2016, is extended and within 30 days after the date of this decision and order on motion, 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 proceedings 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) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been

taken within 30 days of the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court