Appellate Division: Second Judicial Department

M243604

E/rr

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-10812 In the Matter of Patrick M. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Patrick M. M. (Anonymous), respondent-appellant, et al., respondent (Proceeding No. 1) In the Matter of Georgia M. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Patrick M. M. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2) In the Matter of Luke M. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Patrick M. M. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 3) In the Matter of Liam M. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Patrick M. M. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 4) (Docket Nos. N-2598-16, N-2599-16, N-2560-16, N-2601-16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to stay enforcement of an order of the Supreme Court, Orange County, dated August 29, 2017, pending hearing and determination of an appeal therefrom, for poor person relief, in effect, to extend the appellant's time to comply with a scheduling order of this Court dated November 1, 2017, and for a preference in the calendaring of the appeal.

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 for poor person relief is denied, with leave to renew on or before January 22, 2018, upon proper papers, including the respondent-appellant's affidavit setting forth the respondent-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 branch of the motion which is, in effect, to extend the appellant's time to comply with the scheduling order is granted and pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before January 22, 2018, the respondent-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 proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating 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 respondent-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, as set forth above; or

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

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken on or before on or before January 22, 2018, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., SGROI, HINDS-RADIX and IANNACCI, 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.