Appellate Division: Second Judicial Department

M218010

E/sl

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2016-02471 Mikhail Titiyevsky, respondent, v Maryna Titiyevsky, appellant. (Index No. 51177/12)

DECISION & ORDER ON MOTION

Motion by Flora Rainer for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated September 19, 2014, and for poor person relief and the assignment of counsel for the appellant.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before September 28, 2016, Flora Rainer shall serve her 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 appellant, 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 branch of the motion which is for poor person relief and the assignment of counsel for the appellant is denied with leave to renew on or before November 14, 2016, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and the amount and source of counsel fees paid to retained counsel; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before November 14, 2016, the appellant shall file one of the following in the office of the Clerk of the Court:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, as set forth above; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation or make the motion on or before November 14, 2016, as set forth above, the Court will dismiss the appeal, without further notice.

LEVENTHAL, J.P., AUSTIN, MILLER and HINDS-RADIX, 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.