Appellate Division: Second Judicial Department

M262088

E/mm

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-10340 In the Matter of Cecile D. (Anonymous). Administration for Children's Services, petitioner-respondent; Kassia D. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Fatoumata D. (Anonymous). Administration for Children's Services, petitioner-respondent; Kassia D. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. N-3191-15, N-3192-15)

DECISION & ORDER ON MOTION

Appeal by Kassia D. from an order of the Family Court, Kings County, dated July 31, 2018. By decision and order on motion of this Court dated December 13, 2018, the appellant's time to perfect the appeal was extended until February 13, 2019. By order to show cause dated February 26, 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 proceedings for failure to timely perfect in accordance with the decision and order on motion of this Court dated December 13, 2018. Motion by the respondent-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 no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the respondent-appellant's motion is denied, with leave to renew on or before May 22, 2019, upon proper papers, including the respondent-appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, (2) the amount and source of counsel fees paid to retained counsel and (3) the amount and source of money used to pay for hearing transcripts; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the respondent-appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is extended until June 19, 2019.

DILLON, J.P., LEVENTHAL, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court