Appellate Division: Second Judicial Department

M270810

kbp/

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2019-12471 In the Matter of Marc Fishman, appellant, v Jennifer Solomon, respondent. (Docket Nos. V-7-19/19H, V-8-19/19L, V-9-19/19F, V-10-19/19I)

DECISION & ORDER ON MOTION

Appeal by Marc Fishman from an order of the Supreme Court, Westchester County (IDV Part), dated October 30, 2019. By order to show cause dated January 28, 2020, 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 December 13, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant to remove all of his proceedings from the IDV Part, 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 the papers filed in opposition thereto, it is

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

ORDERED that the branches of the appellant's 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 (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and (2) whether the appellant was represented by assigned counsel or retained counsel in the Supreme Court and, if retained, the amount and source of counsel fees paid to retained counsel; and it is further,

ORDERED that the appellant's motion is otherwise denied.

AUSTIN, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court