Opinion
Motion No: 2012-01735 Docket No. V-16730/11 M139040
06-14-2012
In the Matter of Dolores Givens, appellant, v. Amber Hunt, et al., respondents.
, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Appeal by Dolores Givens from an order of the Family Court, Queens County, dated January 20, 2012. By order to show cause dated April 25, 2012, the parties or their attorneys 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 March 14, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se 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 appellant's 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 branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant's time to comply with the scheduling order dated March 14, 2012, is extended until July 13, 2012; and it is further,
ORDERED that in the event the appellant fails to provide an affidavit or affirmation as set forth in the scheduling order dated March 14, 2012, on or before July 13, 2012, the Court, on its own motion, will dismiss the appeal without further notice.
ANGIOLILLO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court