Appellate Division: Second Judicial Department

M274028

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2020-04586 In the Matter of Maurice Bertrand, appellant, v Keisha Pernell, respondent. (Docket Nos. V-2747-2019, V-1084-2019)

DECISION & ORDER ON MOTION

Appeal by Maurice Bertrand from an order of the Family Court, Richmond County, dated February 7, 2020. By order to show cause dated September 23, 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 proceedings for failure to comply with a scheduling order dated August 7, 2020, 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 motion and no papers having been filed in opposition or in relation thereto, it is it is

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

ORDERED that the appellant's motion 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 the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

MASTRO, J.P., CHAMBERS, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court