Opinion
Motion No. 2023-05924 Docket Nos. V-11410-2023 V-11411-2023 V-11412-2023
12-13-2023
In the Matter of Tyreek Davis, appellant, v. ACS-Kings, respondent.
Unpublished Opinion
MOTION DECISION
M292968
COLLEEN D. DUFFY, J.P., PAUL WOOTEN, LILLIAN WAN, JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Kings County, dated June 5, 2023. By order to show cause dated August 30, 2023, 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 proceeding for failure to comply with a scheduling order dated July19, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Application by the appellant, in effect, 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 application 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 application is denied without prejudice to making a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel.
DUFFY, J.P., WOOTEN, WAN and TAYLOR, JJ., concur.