Appellate Division: Second Judicial Department

M120971

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-02632, 2011-04153 In the Matter of Steven L. Solovay, appellant, v Sandra Solovay, respondent. (Docket No. V-09533-10)

DECISION & ORDER ON MOTION

Appeals by Steven L. Solovay from two orders of the Family Court, Suffolk County, dated February 7, 2011, and March 22, 2011, respectively. The appellant was granted poor person relief by a decision and order on motion of this Court dated May 10, 2011, and the following named attorney was assigned to prosecute the appeals:

Anna Martin, Esq.

250 Montauk Hwy.

E. Moriches, N.Y. 11940

(631) 878-3352

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

ORDERED that counsel assigned to prosecute the appeals is relieved of the assignment and is directed to turn over all papers in the matter 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 appeals:

Joseph Faraguna, Esq.

P.O. Box 122

Sag Harbor, N.Y. 11963

(631) 514-5547

and it is further,

ORDERED that assigned counsel shall prosecute the appeals 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 within 30 days after the date of this scheduling 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 appeals; 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 decision and order on motion dated May 10, 2011, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals should or should not be dismissed.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court