Appellate Division: Second Judicial Department

M255784

E/mm

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2018-10016 In the Matter of Maurice Jason Ovid Thomas, respondent, v Rachel Litylus Thomas, appellant. (Docket Nos. V-10821-17/18B, V-01932-18/18B, V-02653-18/18B)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to stay enforcement of an order of the Family Court, Nassau County, dated August 22, 2018, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied, with leave to renew on or before October 29, 2018, upon proper papers, including the appellant's affidavit setting forth the 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 29, 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 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) 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 October 29, 2018, 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; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court