Appellate Division: Second Judicial Department

M274452

MB/

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2019-14484 In the Matter of Guy Durand, appellant, v Frantzo Pierre-Louis, respondent. (Docket No. F-03027-2011/2019E)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Nassau County, dated November 13, 2019. By order to show cause dated October 16, 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 action for failure to comply with a scheduling order dated August 31, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Renewed motion by the appellant, in effect, to extend the time to comply with the scheduling order of this Court dated August 31, 2020, 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 motion and no papers having been filed in opposition or in relation 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 assigned counsel are denied; and it is further,

ORDERED that the branch of the appellant's motion which is, in effect, to extend the time to comply with the scheduling order of this Court dated August 31, 2020, 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 none of the above 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 appeal may be dismissed, without further notice.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court