Appellate Division: Second Judicial Department

M271297

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-11895 Michael Ingrassia, respondent, v Michelle Ingrassia, appellant. (Index No. 6162/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Suffolk County, entered June 19, 2019. Motion by the appellant pro se for leave to reargue those branches of her prior motion which were for leave to prosecute the appeal as a poor person and for the assignment of counsel, which were determined by decision and order on motion of this Court dated February 6, 2020, and, in effect, to extend the time to comply with a scheduling order of this Court also dated February 6, 2020.

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 for leave to reargue is denied; and it is further,

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 February 6, 2020, is granted and within 30 days after 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 of the Supreme Court proceedings 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 none of the actions described in (1), (2), (3), or (4) 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 appeal to show cause why the appeal should or should not be dismissed.

AUSTIN, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions..