Appellate Division: Second Judicial Department

M109612

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

SANDRA L. SGROI, JJ.

2010-08276 In the Matter of Malik E. (Anonymous), appellant. (Docket No. D-811/10)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated July 26, 2010, as a poor person, and for the assignment of counsel.

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 granted; and it is further,

ORDERED that the attorney for Malik E., Harold A. Seidenberg, Esq., One South Street, Goshen, New York 10924, is directed to turn over all papers in the action to the new attorney for Malik E., herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for Malik E., to represent the appellant:

John Pappalardo, Esq.

200 East Post Road

White Plains, New York 10601

(914) 761-9400

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the attorney for the child of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the child shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further,

ORDERED that within 30 days after the date of this order, the attorney for the child 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 any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated July 26, 2010, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this order, 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.

RIVERA, J.P., COVELLO, SANTUCCI and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court