Matter of Williams v Rouse-Williams
Motion No: 2018-01520
Slip Opinion No: 2018 NY Slip Op 73653(U)
Decided on May 29, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M250691

E/afa

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-01520

In the Matter of Michelle Rouse-Williams,

respondent, v Donnie Williams, appellant.

(Docket No. F-1812-13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Richmond County, dated January 16, 2018, for leave to reargue the branches of his prior motion which were to waive the filing fee, for free transcripts, and for the assignment of counsel, which were determined by decision and order on motion of this Court dated March 19, 2018, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court.

Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is

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

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days of 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 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) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the 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.

DILLON, J.P., BALKIN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court