PRESENT: SCUDDER, P.J., SMITH, LINDLEY, VALENTINO, AND WHALEN, JJ.

CAF 14-01739
Docket Nos: V-05861-13, V-05860-13

IN THE MATTER OF CINIA E. BILES, PETITIONER-RESPONDENT, V MICHAEL S. BILES, RESPONDENT-APPELLANT.

An appeal having been taken to this Court from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on August 26, 2014, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr., Esq., dated May 1, 2015, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, and the affirmation of Kristine A. Kipers, Esq., dated June 3, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the case is held, decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned.

Memorandum: By order entered August 26, 2014, upon respondent's default, Family Court granted sole custody of the subject children to petitioner. Respondent's assigned appellate counsel has moved to be relieved of the assignment on the ground that there are no nonfrivolous issues for appeal. We conclude that there is a nonfrivolous issue as to whether Family Court abused its discretion in denying the request by respondent's trial counsel for an adjournment (see Tun v Aw, 10 AD3d 651, 652). We therefore relieve appellate counsel of his assignment and assign new counsel to brief this issue, as well as any other issues that counsel's review of the record may disclose.

Entered: October 2, 2015

Frances E. Cafarell, Clerk