Appellate Division: Second Judicial Department

M169797

E/mv

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-10662 In the Matter of Maurice Munoz, respondent, v Dina Edmonds-Munoz, appellant. (Docket Nos. V-12338-12/13J, V-12338-12/12A)

DECISION & ORDER ON MOTION

Appeal by Dina Edmonds-Munoz from an order of the Family Court, Queens County, dated October 18, 2013. By decision and order on motion of this Court dated February 3, 2014, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Frederic P. Schneider, Esq.

729 Seventh Avenue, 17th Floor

New York, N.Y. 10019

212-575-7900 (ext. 3287)

On the Court's own motion, it is

ORDERED that assigned counsel is relieved of the assignment, and is directed to turn over all papers to the new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Amy Mulzer, Esq.

147 Prince Street

Brooklyn, N.Y. 11201

914-647-2563

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 decision and order on motion, as well as the decision and order on motion of this Court dated February 3, 2014, 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]), within 30 days after the date of this decision and order on motion, 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 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 this decision and order on motion, as well as the decision and order on motion of this Court dated February 3, 2014, have 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 decision and order on motion, 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.

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.