Appellate Division: Second Judicial Department

M236086

E/afa

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

LINDA CHRISTOPHER, JJ.

2017-04816, 2017-04817, 2017-06344 In the Matter of Mitzi C. Kao, appellant, v Chung Siung Kao, respondent. (Docket No. F-13939-16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to consolidate appeals from two orders of the Family Court, Suffolk County, dated February 1, 2017, and March 17, 2017, respectively, with an appeal from an order of the same court dated May 23, 2017, for leave to prosecute the appeals as a poor person, and to extend the time to comply with a scheduling order of this Court dated May 15, 2017.

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 consolidate the appeals is granted; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the branches of the motion which are to waive the filing fee and for free transcripts are denied; and it is further,

ORDERED that the branch of the motion which is extend the time to comply with the scheduling order dated May 15, 2017, is granted 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 an affidavit or affirmation stating whether the transcript has been received, and, if so, indicating the date that it was received, or, if the transcript has not been received, that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; if neither of those actions have been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.