Appellate Division: Second Judicial Department

M130488

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-11093 In the Matter of Jason J. M.-G. (Anonymous), appellant. Francisco M.-G. (Anonymous), petitioner; Marcelina M.-G. (Anonymous), respondent-appellant. (Docket Nos. G-17417-09, G-17419-09)

DECISION & ORDER ON MOTION

Motion by Maria Joy Frank, in effect, to be relieved as attorney for Jason J. M.-G. and to substitute Paul Hastings, LLP, as pro bono counsel on appeals from an order of the Family Court, Westchester County, dated June 21, 2011.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and Maria Joy Frank is directed to turn over all papers in the action to the following counsel:

Paul Hastings, LLP

75 East 55th Street

New York, New York 10022

(212) 318-6000

and it is further,

ORDERED that Paul Hastings, LLP, is directed to serve a copy of this decision and order on motion upon the Clerk of the Court from which the appeal is taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant Jason J. M.-G. shall perfect his appeal within 60 days after the he receives the transcripts of the minutes of the proceedings in the Family Court, and the appellant Jason J. M.-G. shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the appellant Jason J. M.-G. 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 the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal by Jason J. M.-G. should or should not be dismissed.

BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.