Matter of Y. (Anonymous), Tyquan
Motion No: 2007-03546
Slip Opinion No: 2008 NYSlipOp 70940(U)
Decided on May 2, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M69348

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-03546

In the Matter of Tyquan Y. (Anonymous),

appellant.

(Docket No. D-28349-06)

DECISION & ORDER ON MOTION

Appeal by Tyquan Y. from an order of the Family Court, Kings County, dated March 7, 2007. By scheduling order dated February 14, 2008, the appellant was granted until February 29, 2008, the date assigned counsel requested, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal. The appeal has not been perfected. By order to show cause, pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), 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.

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

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the court's own motion, Emmanuel F. Ntiamoah, Esq., 26 Court Street, Brooklyn, New York 11242, counsel assigned to prosecute the appeal by Family Court, Kings County, 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:

Dawn Shammas, Esq,

89-31 161st Street, Suite 810

Jamaica, New York 11432

(917) 609-2975

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.

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court