Appellate Division: Second Judicial Department

M243625

E/rr

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-06560 In the Matter of Megan Helen McGorman, respondent, v Patrick M. McGorman, appellant. (Docket No. O-68-16)

DECISION & ORDER ON MOTION

Appeal by Patrick M. McGorman from an order of the Family Court, Orange County, dated May 25, 2017. By order to show cause dated August 7, 2017, 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 August 7, 2017, as amended August 25, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se to stay enforcement of the order dated May 25, 2017, pending hearing and determination of the appeal, to direct the respondent to provide him with certain material, for leave to prosecute the appeal as a poor person, for a preference in the calendaring of the appeal, and for a "[w]aiver of [c]ompliance" pursuant to 22 NYCRR 670.23. Separate motion by the appellant pro se for poor person relief and, in effect, to extend his time to comply with the scheduling order.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion, inter alia, to stay enforcement of the order dated May 25, 2017, and the papers filed in opposition thereto, and upon the papers filed in support of the motion for poor person relief and, in effect, to extend the appellant's time to comply with the scheduling order and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the branches of the motion which are for poor person relief are denied, with leave to renew on or before January 22, 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 branches of the motion which are to stay enforcement of the order dated May 25, 2017, to direct the respondent to provide the appellant with certain material, for a preference in the calendaring of the appeal, and for a [w]aiver of [c]ompliance pursuant to 22 NYCRR 670.23 are denied; 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 appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received, or, 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 a motion in this Court for leave to prosecute the appeal as a poor person, as set forth above; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before on or before January 22, 2018, as set forth in the prior paragraph, the Court will dismiss the appeal, without further notice.

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.