| Matter of Brown v Wagner |
| Motion No: 2015-11554 |
| Slip Opinion No: 2016 NY Slip Op 68672(U) |
| Decided on March 28, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M208852
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
|
2015-11554 In the Matter of Kevin Brown, appellant, v Rhoda Wagner, respondent. (Docket No. F-19352-04/15I)
| DECISION & ORDER ON MOTION |
Motion by Robin Stanco, 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 October 8, 2015, and for the assignment of new counsel.
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 as the assignment does not continue on appeal; and it is further,
ORDERED that the branch of the motion which is for the assignment of new counsel is denied; and it is further,
ORDERED that the appellant's time to comply with the scheduling order of this Court dated January 20, 2016, is extended, and within 30 days after the date of this decision and order on motion, 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 within 30 days of the date of this decision and order on motion, 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.
BALKIN, J.P., ROMAN, MALTESE and CONNOLLY, 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.