| Matter of D. (Anonymous), Lociano; B. (Anonymous), Mikhail R.; Suffolk |
| Motion No: 2016-12145 |
| Slip Opinion No: 2017 NY Slip Op 69965(U) |
| Decided on April 10, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M229129
E/sl
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
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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 pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 17, 2016, 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 and in relation thereto, it is
ORDERED that the motion 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 May 10, 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 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 on or before May 10, 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.
LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court