Appellate Division: Second Judicial Department

M268368

kbp/

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

LINDA CHRISTOPHER, JJ.

2019-09612 In the Matter of Gianna (Anonymous). Perry W. K. (Anonymous), petitioner-respondent; Andrew R. (Anonymous), respondent-appellant. (Docket No. A-8939-18)

DECISION & ORDER ON MOTION

Appeal by Andrew R. from an order of the Family Court, Westchester County, dated July 8, 2019. By order to show cause dated October 22, 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 scheduling order dated August 30, 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 leave to prosecute the appeal as a poor person, 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 the papers filed in opposition and in relation thereto, it is

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

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is 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 (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and (2) the amount and source of counsel fees paid to retained counsel.

CHAMBERS, J.P., ROMAN, COHEN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court