Opinion
2012-10440 Docket No. V-9991-09 V-991-09/10A V-3434-10 M154000
04-03-2013
In the Matter of Atalay Yilmaz, appellant, v. Laura Cachell, respondent.
, P.J.
REINALDO E. RIVERA
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Appeal by Atalay Yilmaz from an order of the Family Court, Nassau County, dated September 13, 2012. By order to show cause dated January 24, 2013, 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 proceedings for failure to comply with a scheduling order dated December 5, 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 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 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 appellant's motion is denied with leave to renew on or before May 3, 2013, upon proper papers including information regarding the applicants expenses and all sources of support; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before May 3, 2013, 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 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) a renewed motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, containing proper papers, including the appellant's affidavit setting forth the appellant's full financial situation litsing all assets, both real and personal, as well as any and all sources of income and expenses, and the source of his support, and stating whether or not the appellant was represented by retained counsel in the Family Court, and, if retained, the amount and source of funds used to retain counsel; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if the appellant fails to file the affidavit or affirmation or make the renewed motion on or before May 3, 2013, as set forth above, the Court will dismiss the appeal, without further notice.
ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court