Appellate Division: Second Judicial Department

M175753

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-00400 In the Matter of Mary C. Apuzzo, appellan v Daniel Cazeau, respondent. (Docket No. F-2856-06/12H)

DECISION & ORDER ON MOTION t,

Appeal by Mary C. Apuzzo from an order of the Family Court, Rockland County, dated December 4, 2013. By decision and order on motion of this Court dated April 16, 2014, the appellant was granted leave to prosecute the appeal as a poor person and the following named attorney was assigned as counsel to prosecute the appeal:

Ellen O'Hara Woods, Esq.

566 Route 303

Blauvelt, N.Y. 10913

845-359-4016

On the Court's own motion, it is

ORDERED that the counsel assigned to prosecute the appeal is relieved and is directed to turn over all papers in the action to the new attorney for the appellant 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:

Gary E. Eisenberg, Esq.

10 Esquire Road, Suite 10

New City, N.Y. 10956

(845) 634-0135

and it is further,

ORDERED that the 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 upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before July 16, 2014, 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 this decision and order on motion as well as the decision and order on motion of this Court dated April 16, 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 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.

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.