Appellate Division: Second Judicial Department

M243124

E/afa

MARK C. DILLON, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-10894 Gabriel Raymond Falco, appellant, v Laura Ann Bowery Falco, respondent. (Index No. 21122/13)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the removal of the subject children from the State of New York and to continue their enrollment in Southhampton schools, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 30, 2017, for poor person relief, and for the assignment of counsel. Separate motion by the appellant for leave to serve and file reply papers in connection with the order to show cause that initiated the motion, inter alia, for a stay, and to direct the respondent to furnish two medical releases.

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 for a stay is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied with leave to renew on or before January 11, 2018, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,

ORDERED that the motion for leave to serve and file reply papers in connection with the order to show cause that initiated the motion, inter alia, for a stay, and to direct the respondent to furnish two medical releases is denied.

DILLON, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court