Appellate Division: Second Judicial Department

M251607

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-07793 In the Matter of Maron J. Vaccarella, appellant, v Marcia Vaccarella, respondent. (Docket Nos. V-4536-17/17B, O-8197-17/17E)

DECISION & ORDER ON MOTION

Renewed motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 11, 2017, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers 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]), on or before July 13, 2018, 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 proceedings 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 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 July 13, 2018, the Court will dismiss the appeal, without further notice.

SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court