Appellate Division: Second Judicial Department

M291872

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-03134 In the Matter of Charlane Thomas, appellant, v Kysohn Livingston, respondent. (Docket No. F-198-2010/2020J)

ORDER TO SHOW CAUSE

Appeal by Charlane Thomas from an order of the Family Court, Kings County, dated October 5, 2018. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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 on the Court's own motion, the parties are 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 on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act § 1112), and leave to appeal has not been granted, by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before November 27, 2023; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before November 27, 2023; and it is further,

ORDERED that the motion by the appellant is held in abeyance in the interim; and it is further,

ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

DILLON, J.P., MILLER, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court