Appellate Division: Second Judicial Department

M259445

E/mm

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2018-08943 In the Matter of Christen Leigh Doyle, appellant, v Gilbert Pujols G. Frotman, respondent. (Docket No. F-1855-13/17H)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Orange County, dated June 14, 2018, for leave to reargue those 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 October 26, 2018.

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

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

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 the appellant fails to file the affidavit or affirmation within 30 days of the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

MASTRO, J.P., SGROI, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court