In the Matter of a Family Offense Proceeding Under Article 8 of the Family Court Act. Gabriela C.

Motion No: M-3137

Slip Opinion No: 2017 NYSlipOp 78656(U)

Decided on June 29, 2017

Appellate Division, First 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.

June 29, 2017

In the Matter of a Family Offense

Proceeding Under Article 8 of the

Family Court Act.

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Gabriela C.,

Petitioner-Appellant,

v Docket No. O-10866/15

Wilfred C.,

Respondent-Respondent.

An appeal having been taken to this Court from the order of the Family Court, Bronx County, entered on or about March 3, 2017, And respondent-respondent having moved for leave to respond to the appeal as a poor person, and for assignment of counsel, a free copy of the transcript, and for related relief (M-2793), And petitioner-appellant having cross-moved, pursuant to CPLR 5704(a), for modification of an Order of Protection, dated June 12, 2017, which denied her order to show cause seeking an extension of a prior order of protection (M-3137), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that the cross motion (M-3137) is granted, and the Family Court, Bronx County, is directed to sign petitioner's

order to show cause and hear the petition. Sua sponte, the notice of appeal filed by petitioner is dismissed, and the motion for poor person relief (M-2793) is therefore denied as moot. ENTERED: June 29, 2017

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Angela M. Mazzarelli Karla Moskowitz Sallie Manzanet-Daniels Troy K. Webber,Justices

M-3137

M-2793