Appellate Division: Second Judicial Department

M64874

E/sl

DAVID S. RITTER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-04397 In the Matter of Lawrence Hayes, appellant, v Louisa Dorset, respondent. (Docket Nos. V-20299-04, V-20300-04)

DECISION & ORDER ON MOTION

Appeal by Lawrence Hayes from an order of the Family Court, Queens County, dated April 10, 2007. The appellant's motion for assignment of counsel was granted on June 13, 2007, and the following named attorney was assigned to prosecute the appeal: Alan S. Cabelly, Esq., 153-01 Jamaica Avenue, Suite 201, Jamaica, New York 11432, 718-883-1560. The appellant's assigned counsel notified the court that the transcripts were received by August 28, 2007, and pursuant to a scheduling order of this court dated May 17, 2007, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. By order to show cause dated December 13, 2007, 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 the scheduling order dated May 17, 2007.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order dated May 17, 2007, is denied; and it is further,

ORDERED that on the court's own motion, counsel assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:

Peter H. Dailey, Esq.

468 Riverside Drive, Suite 33

New York, New York 10027

(212) 678-6238

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court