Matter of Supangkat v Torres
Motion No: 2011-04177
Slip Opinion No: 2011 NY Slip Op 74479(U)
Decided on June 2, 2011
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

M120769

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-04177

In the Matter of Don Supangkat, respondent,

v Banelys Torres, appellant.

(Docket No. V-7266-07)

DECISION & ORDER ON MOTION

Appeal by Banelys Torres from an order of the Family Court, Queens County, dated March 31, 2011. The appellant was granted poor person relief by an order on certification of this Court dated May 11, 2011, and the following named attorney was assigned to prosecute the appeal:

Marva Prescod, Esq.

1366 E. 48th Street

Brooklyn, N.Y. 11234

(718) 552-5694

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

ORDERED that counsel assigned to prosecute the appeal 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 appeal:

Matthew M. Lupoli, Esq.

167-16 Northern Boulevard

P.O. Box 580283

Flushing, N.Y. 11358

(718) 539-0622

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before June 16, 2011, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant is interested in prosecuting the appeal, or

(2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that 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 upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order as well as the order on certification dated May 11, 2011, 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