Appellate Division: Second Judicial Department

M255435

E/mm

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-09755, 2018-09756 In the Matter of Adonnis M. (Anonymous). Administration for Children's Services, petitioner- respondent; Kenyetta M. (Anonymous), respondent- appellant; Rising Ground Agency, nonparty- respondent. (Docket No. K-3847-18)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant pro se to stay enforcement of two orders of the Family Court, Queens County, both dated July 31, 2018, pending hearing and determination of appeals therefrom, for poor person relief, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to stay enforcement of the orders is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied, with leave to renew, on or before October 15, 2018, upon proper papers, including the respondent-appellant's affidavit setting forth the respondent-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 pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), on or before October 15, 2018, the respondent-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 appeals; 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 respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals as a poor person and for the assignment of counsel, as set forth above; or

(5) an affidavit or an affirmation withdrawing the appeals; 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 October 15, 2018, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

LEVENTHAL, J.P., AUSTIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court