Appellate Division: Second Judicial Department

M204251

E/mv

L. PRISCILLA HALL, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-09096 In the Matter of Tracey Robinson, respondent, v Robbie Campbell, appellant. (Docket No. U-14233-03/14G)

DECISION & ORDER ON MOTION

Motion by Howard E. Sayetta, counsel assigned to represent the appellant by the Family Court, Nassau County, to be relieved on an appeal from an order of the Family Court, Nassau County, dated August 10, 2015, for poor person relief, for the assignment of counsel, and, in effect, to extend the appellant's time to comply with a scheduling order of this Court dated October 9, 2015.

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; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to extend the appellant's time to comply with the scheduling order dated October 9, 2015, is granted, and pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before February 5, 2016, 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 actions described in (1), (2), (3), or (4), above has been taken on or before February 5, 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.

HALL, J.P., MALTESE, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.