Appellate Division: Second Judicial Department

M283276

MB/

VALERIE BRATHWAITE NELSON, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

DEBORAH A. DOWLING, JJ.

2021-09626 Ryan Abbott, appellant, v Rachel McShane-Abbott, respondent. (Index No. 65948/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 6, 2021. By order to show cause dated February 18, 2022, 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 January 7, 2022, 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 opposition thereto, and the papers filed in support of the 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 motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied; and it is further,

ORDERED that within 30 days after the date of this scheduling order, 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 Family 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 scheduling order, the appeal will be dismissed without further notice.

BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court