Matter of Sandella v Sandella
Motion No: 2015-08858
Slip Opinion No: 2015 NY Slip Op 91109(U)
Decided on November 19, 2015
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

M201869

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-08858

In the Matter of Anna Sandella, respondent,

v Louis V. Sandella, appellant.

(Docket No. F-4685-06/15I)

DECISION & ORDER ON MOTION

Motion by Robert C. Mitchell, counsel assigned to represent the appellant by the Family Court, Suffolk County, to be relieved on an appeal from an order of the Family Court, Suffolk County, dated August 10, 2015, and for poor person relief and the assignment of counsel for the appellant.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to be relieved is denied as unnecessary (see Family Ct Act § 1120); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on or before December 21, 2015, the appellant 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 the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken on or before December 21, 2015, 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.

DILLON, J.P., HALL, COHEN and BARROS, 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.