Appellate Division: Second Judicial Department

M268692

kbp/

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2019-05122 Michael G. Valva, respondent, v Justyna Valva, appellant. (Index No. 203503/15)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, entered March 8, 2019, pending hearing and determination of an appeal therefrom, in effect, for poor person relief and the assignment of counsel, and, in effect, to extend the time to comply with a scheduling order of this Court dated May 23, 2019.

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, in effect, to extend the time to comply with the scheduling order of this Court dated May 23, 2019, 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 the appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court