Appellate Division: Second Judicial Department

M114130

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-09545 In the Matter of Tyrell Johnson, respondent, v Taray Lee, appellant. (Docket No. V-33971-09)

DECISION & ORDER ON MOTION

Appeal by Taray Lee from an order of the Family Court, Kings County, dated September 14, 2010. By order on certification dated October 25, 2010, the following named attorney was assigned as counsel to prosecute the appeal:

Del Atwell, Esq.

39 Fifth Street

East Hampton, New York 11937

(631) 267-2067

Now, on the Court's own motion, it is

ORDERED that Del Atwell, Esq., is relieved of the assignment and directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, the following named attorney is assigned as counsel to prosecute the appeal:

Lewis S. Calderon, Esq.

90-50 Parsons Boulevard, #401

Jamaica, New York 11432

(718) 883-1560

and it is further,

ORDERED that within 30 days after the date of this order, the assigned counsel 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 October 25, 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; 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.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.