MATTER OF BARCLAY v. HUTCHINSON

Docket No. F-38441-09/10B, Motion No. 2016-12223, M227734.

2017 NY Slip Op 67367(U)

IN THE MATTER OF GLORIA W. BARCLAY, Respondent, v. STEPHEN W. HUTCHINSON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.


Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated October 11, 2016, as a poor person and for the assignment of counsel.

DECISION & ORDER ON MOTION

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 the motion is denied with leave to renew on or before April 18, 2017, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and including the value of and the appellant's equity in any real property owned by the appellant, and whether the appellant was represented by assigned or retained counsel in the Family Court, and, if retained, the amount and source of fees paid to retained counsel; 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 on or before April 18, 2017, 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 proceeding 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, as set forth above; or (5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken on or before April 18, 2017, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.


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