Appellate Division: Second Judicial Department

M217858

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-03108 In the Matter of Piper S. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Victoria S. (Anonymous), et al., respondents-appellants. (Docket Nos. N-16227-15, N-16229-15)

DECISION & ORDER ON MOTION

Appeals by Victoria S. and Santiago S. from an order of the Family Court, Westchester County, dated April 1, 2016. The appellant Victoria S. was granted poor person relief by decision and order on motion of this Court dated August 11, 2016, and the following named attorney was assigned to prosecute the appeal on behalf of Victoria S.:

Marc Greenberg, Esq.

45 Knollwood Road, Suite 502

Elmsford, NY 10523

201-800-2283

On the Court's own motion, it is

ORDERED that counsel assigned to prosecute the appeal of Victoria S. is relieved of the assignment and is directed to turn over all papers in the matter to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal on behalf of Victoria S.:

William Martin, Esq.

44 Church Street

White Plains, NY 10601

914-771-7711

and it is further,

ORDERED that counsel for Victoria S. is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that within 30 days after the date of this scheduling order, counsel for Victoria S. 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 appeals; 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 decision and order of this Court dated August 11, 2016, as well as this decision and order on motion have been served upon the clerk of the court from which the appeals are taken, the date(s) thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal by Victoria S.; 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 scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal by Victoria S. should or should not be dismissed.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, 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.