Appellate Division: Second Judicial Department

M267380

kbp/

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2019-04985 In the Matter of Diane Garcia, respondent, v Brian Brusini, etc., appellant. (Docket Nos. V-20411-16/18L, V-20412-16/17E, V-20412-16/17F, V-20412-16/17G, V-20412-16/18J V-20412-16/18K, V-20411-16/17E, V-20411-16/17F V-20411-16/17G, V-20411-16/18J)

DECISION & ORDER ON MOTION , ,

Motion by the appellant pro se to recall and vacate a decision and order on motion of this Court dated August 20, 2019, which dismissed an appeal from an order of the Family Court, Suffolk County, dated April 9, 2019, for failure to comply with a scheduling order, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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 recall and vacate the decision and order on motion dated August 20, 2019, is granted, and the decision and order on motion dated August 20, 2019, is recalled and vacated; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied, with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

RIVERA, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court