MATTER OF CHRISTOPHER NICHOLSON V DONNA M. NICHOLSON
Motion No: CAF 14-02153
Slip Opinion No: 2015 NY Slip Op 72959(U)
Decided on May 5, 2015
Appellate Division, Fourth 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.


May 5, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 14-02153
DOCKET NO. V-10870-08-14C

MATTER OF CHRISTOPHER NICHOLSON, PETITIONER-APPELLANT,

V

DONNA M. NICHOLSON, RESPONDENT-RESPONDENT.


An order having been entered on December 30, 2014, granting petitioner-appellant's application to perfect an appeal taken herein as a poor person and assigning Timothy P. Donaher, Esq., as counsel to perfect the appeal, and an order having been entered on April 14, 2015, assigning Charles T. Noce, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of Kimberly J. Czapranski, Esq., dated April 29, 2015,

It is hereby ORDERED that Mary P. Davison, Esq., 42 North Main Street, Suite 102, PO Box 652, Canandaigua, New York 14424, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Monroe County, entered in the office of the Clerk of said Court on October 20, 2014, in place and stead of Charles T. Noce, Esq.; and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of the Family Court, Monroe County is hereby directed to provide Mary P. Davison, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before August 11, 2015, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: May 5, 2015

FRANCES E. CAFARELL, Clerk