| Valva v Valva |
| Motion No: 2019-00894 |
| Slip Opinion No: 2019 NY Slip Op 69066(U) |
| Decided on April 29, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M262286
E/mm
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2019-00894 Michael G. Valva, respondent, v Justyna Valva, appellant. (Index No. 203503/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated November 14, 2018, as a poor person, for the assignment of counsel, and, in effect, to extend the time to comply with a scheduling order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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; and it is further,
ORDERED that the branch of the motion which is, in effect, to extend the time to comply with a scheduling order is granted, and 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 in the Supreme Court action 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 none of the above actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, 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.
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court