Matter of Burke v Erle
Motion No: 2013-08388
Slip Opinion No: 2014 NY Slip Op 86487(U)
Decided on October 15, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M181268

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-08388, 2013-08389

In the Matter of Jennifer L. Burke, respondent,

v Stephen M. Erle, appellant.

(Docket No. F-3666-03/12L)

DECISION & ORDER ON MOTION

Appeals by Stephen M. Erle from two orders of the Family Court, Dutchess County, both dated July 25, 2013. The appellant was granted poor person relief on November 14, 2013, and James J. Lynch, Esq., was assigned to prosecute the appeals. By decision and order on motion dated March 21, 2014, counsel assigned was relieved and the following named attorney was assigned to prosecute the appeals:

Michael G. Paul, Esq.

49 Maple Avenue

New City, N.Y. 10956

518-438-1240

On the Court's own motion, it is

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

Del Atwell, Esq.

39 5th Street

East Hampton, New York 11937

631-267-2067

and it is further,

ORDERED that on or before November 17, 2014, assigned counsel must advise the Court, in writing, whether (1) he adopts the brief filed by former assigned counsel, (2) he adopts the brief filed by former assigned counsel and will file a supplemental brief, or (3) he will file a replacement brief; and it is further,

ORDERED that assigned counsel shall prosecute the appeals 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 appeals are 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.