Appellate Division: Second Judicial Department

M236100

E/afa

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-05966 Miriam S. Perlman, respondent, v Joseph Yerachmel Perlman, appellant. (Index No. 51552/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 24, 2017, among other things, for leave to reargue his prior motion, inter alia, to stay his obligation to pay the fees of the attorney for the child and the forensic psychologist, which was determined by decision and order on motion of this Court dated June 23, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated June 23, 2017, and to waive the motion filing fee. Separate motion by the appellant pro se, inter alia, for leave to prosecute the appeal as a poor person and the assignment of counsel.

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

ORDERED that the motion, among other things, for leave to reargue is granted to the extent that the motion filing fee for that motion is waived, and the motion is otherwise denied; and it is further,

ORDERED that the motion, inter alia, for leave to prosecute the appeal as a poor person and the assignment of counsel is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), 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 Supreme 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 scheduling order, 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.

HALL, J.P., ROMAN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court