Appellate Division: Second Judicial Department

M264269

E/sl

CHERYL E. CHAMBERS, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-03300 Shanaz Karim-Doran, respondent, v Kareem Doran, appellant. (Index No. 5250/14)

DECISION & ORDER ON MOTION

Appeal by Kareem Doran from a judgment of the Supreme Court, Orange County, dated December 18, 2018. By order to show cause dated May 29, 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 decision and order on motion of this Court dated April 15, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). 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 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 appellant's 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]), on or before August 26, 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 in the Supreme Court action to be transcribed for the appeal from the judgment; 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 from the judgment; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before August 26, 2019, as set forth above, the Court will dismiss the appeal, without further notice.

CHAMBERS, J.P., DUFFY, and LASALLE, IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court