Appellate Division: Second Judicial Department

M217039

E/afa

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2016-04551 In the Matter of Isaiah T. F.-C. (Anonymous), also known as Isaiah F.-C. (Anonymous), also known as Isaiah F. (Anonymous), also known as Isaiah C. (Anonymous). Graham Windham Services to Families and Children, petitioner-respondent; D'Juan C. (Anonymous), respondent-appellant. (Docket No. B-2037-10)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to substitute pro bono counsel to represent the respondent-appellant on an appeal from an order of the Family Court, Kings County, dated April 11, 2016, and continue his status as a poor person. By order on certification of this Court dated May 27, 2016, the respondent-appellant was granted leave to prosecute the appeal as a poor person and the following attorney was assigned as counsel for him on the appeal:

Austin I. Idehen, Esq.

89-31 161st Street, Suite 810

Jamaica, NY 11432

718-558-4191

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 motion is granted, assigned counsel is relieved and is directed to turn over all papers in this matter to pro bono counsel, herein substituted, and the appellant's status as a poor person is continued; and it is further,

ORDERED that the following pro bono counsel is substituted to represent the respondent-appellant on the appeal:

NYU Family Defense Clinic/Washington Square Legal Services

245 Sullivan Street

New York, NY 10012

212-998-6693

and it is further,

ORDERED that pro bono counsel is directed to serve a copy of this decision and order on motion as well as a copy of the order on certification of this Court dated May 27, 2016, upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the appellant's pro bono counsel 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 any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order on certification of this Court dated May 27, 2016, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 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.

DILLON, J.P., DICKERSON, SGROI and BRATHWAITE NELSON, 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.