Appellate Division: Second Judicial Department

M181198

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-06797 In the Matter of I. A. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Devona H. (Anonymous), et al, respondents-appellants. (Docket Nos. N-18165-13, N-18166-13)

DECISION & ORDER ON MOTION

Appeals by Devona H. and Walter A. from an order of the Family Court, Suffolk County, dated May 20, 2014. The appellant Walter A. was granted poor person relief on September 29, 2014, and the following named attorney was assigned to prosecute the appeal on behalf of Walter A.:

Steven Flaumenhaft, Esq.

93 Main Street, 2nd Floor

West Sayville, N.Y. 11796

631-750-2638

On the Court's own motion, it is

ORDERED that counsel assigned to prosecute the appeal on behalf of Walter A. 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 on behalf of Walter A.:

Robert M. Garcia, Esq.

320 Carleton Avenue, Suite 3900

Central Islip, N.Y. 11722

631-667-3757

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 appeals are taken; and it is further,

ORDERED that the appeal of Walter A. in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this order on certification; and it is further,

ORDERED that within 30 days after the date of this order on certification, the counsel for Walter A. 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 order on certification has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal of Walter A.; 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 on certification, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal of Walter A. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.