Appellate Division: Second Judicial Department

M237173

E/afa

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2017-04312 In the Matter of Donna J. F. (Anonymous), respondent, v Mervin M. Y. (Anonymous), appellant. (Docket No. P-31694-15)

DECISION & ORDER ON MOTION

Appeal by Mervin M. Y. from an order of the Family Court, Kings County, dated January 13, 2017. By order to show cause dated October 14, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 3, 2017, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant's time to respond to the scheduling order dated May 3, 2017, is extended and within 30 days after the date of this order, 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before October 3, 2017, as set forth above, the Court will dismiss the appeal, without further notice.

MASTRO, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court