Appellate Division: Second Judicial Department

M261605

E/afa

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-14395 In the Matter of Ramon Agusto Lopez, appellant, v Mayra Ivelisse Lopez, respondent. (Docket No. V-4990-18/18A)

DECISION & ORDER ON MOTION

Appeal by Ramon Agusto Lopez from an order of the Family Court, Nassau County, dated August 8, 2018. By order to show cause dated February 5, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 13, 2018, issued pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]). Motion by the appellant pro se for poor person relief and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion is denied, with leave to renew on or before May 2, 2019, 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 May 2, 2019, 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 the appellant fails to take any of the actions described in items (1), (2), (3), (4), or (5) above, on or before May 2, 2019, as set forth above, the Court will dismiss the appeal, without further notice.

BALKIN, J.P., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court