Appellate Division: Second Judicial Department

M245299

E/afa

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2017-08292 In the Matter of Azriel Madmoni, appellant, v Odelia Madmoni, respondent. (Docket No. F-356-13/15A)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Queens County, dated June 26, 2017, for leave to reargue the appellant's prior motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this Court dated November 13, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to § 670.4 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 Family Court proceeding 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 above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this decision and order on motion, 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.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court