Appellate Division: Second Judicial Department

M167861

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-06282 Esther Dayan, respondent, v Abraham Dayan, appellant. (Index No. 50110/12)

DECISION & ORDER ON MOTION

Appeal by Abraham Dayan from an order of the Supreme Court, Kings County, dated April 23, 2013. The appellant was granted poor person relief on December 20, 2013, and the following named attorney was assigned to prosecute the appeal:

Matthew M. Lupoli, Esq.

167-16 Northern Blvd.

P.O. Box 580283

Flushing, N.Y. 11358

718-539-0622

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 Judiciary Law § 35 the following named attorney is assigned as new counsel to prosecute the appeal:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, N.Y. 10128

917-660-8758

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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

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