Appellate Division: Second Judicial Department

M261988

E/afa

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2019-01484 In the Matter of Zendaya L. (Anonymous). Administration for Children's Services, petitioner-respondent; Ebonie G. (Anonymous), etc., respondent-appellant. (Proceeding No. 1) In the Matter of Zhara L.-A. (Anonymous). Administration for Children's Services, petitioner-respondent; Ebonie G. (Anonymous), etc., respondent-appellant. (Proceeding No. 2) In the Matter of Zaire D. R. L. (Anonymous). Administration for Children's Services, petitioner-respondent; Ebonie G. (Anonymous), etc., respondent-appellant. (Proceeding No. 3) (Docket Nos. N-30628-16/17A, N-30628-16, N-34280-12, N-30629-16/17A, N-30629-16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay all proceedings and to stay enforcement of certain subpoenas, pending hearing and determination of an appeal from an order of the Family Court, Kings County, dated January 16, 2019, and for poor person relief.

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 all proceedings and to stay enforcement of certain subpoenas is denied; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew, on or before May 16, 2019, 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 May 16, 2019, 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 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 respondent-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, pursuant to the requirements of CPLR 1101. Such a motion shall be supported by an affidavit from the respondent-appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; 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 May 16, 2019, 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.

SCHEINKMAN, P.J., RIVERA, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.