Appellate Division: Second Judicial Department

M265634

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-03782 In the Matter of Fernando Seoane, petitioner- respondent, v Martha Nunez, et al., appellants, et al., respondent. (Docket Nos. V-13206-15, V-19966-11/14A, V-19966-11/14B, V-19966-11/14C, V-29341-08/14A

DECISION & ORDER ON MOTION )

Appeal by Martha Nunez, and separate appeal by Juan Nunez, from an order of the Family Court, Kings County, dated March 25, 2019.

On the Court's own motion, it is

ORDERED that the appellant Juan Nunez may renew his motion for poor person relief and for the assignment of counsel within 30 days after the date of this decision and order on motion; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), within 30 days after the date of this decision and order on motion, the appellant Juan Nunez 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 appeals; 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 Juan Nunez is indigent and cannot afford to obtain the minutes or perfect his appeal, a motion in this Court for leave to prosecute his appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing his appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) 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 appeals to show cause why the appeal by Juan Nunez should or should not be dismissed.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, 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.