Appellate Division: Second Judicial Department

M125901

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-06494 In the Matter of Ruth Rosemary Rodriguez, respondent, v Martin Antonio Suarez, appellant. (Docket No. F-7203-04/10K)

DECISION & ORDER ON MOTION

Appeal by Martin Antonio Suarez from an order of the Family Court, Westchester County, dated June 9, 2011. The appellant was granted poor person relief on August 18, 2011, as amended August 25, 2011, and the following named attorney was assigned to prosecute the appeal:

Glen Suarez, Esq.

50 Elm Street

Huntington, New York 11743

(631) 239-5100

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:

William E. Penny, Esq.

10 Forest Lane

Scarsdale, N.Y. 10583

914-472-5664

and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), it is

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 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 August 18, 2011, as amended August 25, 2011, 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 scheduling 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.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court