Appellate Division: Second Judicial Department

M203219

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-08889 In the Matter of Edgar Castaneda, appellant, v Rebecca Castaneda, respondent. (Docket No. F-19315-12/12C)

DECISION & ORDER ON MOTION

Motion by Sidney Cherubin for leave to withdraw as counsel for the respondent on an appeal from an order of the Family Court, Kings County, dated August 12, 2015, and for the assignment of counsel to respond to the appeal.

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 for leave to withdraw as counsel is granted, and on or before December 30, 2015, Sidney Cherubin shall serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against the respondent, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,

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

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant's time to comply with the decision and order on motion of this Court dated November 19, 2015, is extended until January 31, 2016, and on or before that date 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 proceeding 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 above actions described in (1), (2), (3), or (4), above, has been taken on or before January 31, 2016, 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.

RIVERA, J.P., BALKIN, ROMAN and SGROI, 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.