PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 17-01773
DOCKET NOS. V-03112-14/15D, V-03112-14/15F,
V-03112-14/15I, V-03112-14/16K
DOCKET NOS. V-03112-14/16L, V-03112-14

MATTER OF DEVAUGHN JONES, PETITIONER-RESPONDENT, V CHERI CARTER, RESPONDENT-APPELLANT. MATTER OF CHERI CARTER, PETITIONER-APPELLANT, V DEVAUGHN JONES, RESPONDENT-RESPONDENT.

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on October 28, 2016, and for permission to proceed as a poor person and the assignment of counsel,

Now, upon reading and filing the affidavit of Cheri Carter, sworn to July 10, 2017, the affirmation of Denis A. Kitchen, Esq., dated May 16, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal is granted on condition that the appeal is perfected on or before August 7, 2018, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and assignment of counsel is denied with leave to renew upon the submission of a new motion that includes, among other things, an affidavit setting forth appellant's current gross monthly income from all sources and listing her assets with their value and her financial obligations.

Entered: June 8, 2018

MARK W. BENNETT, Clerk