Appellate Division: Second Judicial Department

M226417

E/sl

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-09477 In the Matter of Richard Menslage, respondent- appellant, v Meena Dhoot, appellant-respondent. (Docket Nos. V-2366-12/14C, V-2366-12/14D, V-2366-12/14E)

DECISION & ORDER ON MOTION

Appeal by Meena Dhoot and cross appeal by Richard Menslage from an order of the Family Court, Nassau County, dated July 28, 2016. By order to show cause dated December 29, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned to represent the respondent-appellant by order on certification of this Court dated November 28, 2016, and dismissing the cross appeal.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to relieve assigned counsel for the respondent-appellant and dismiss the cross appeal is denied; 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, assigned counsel for the respondent-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 any Family Court proceeding to be transcribed for the cross 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 November 28, 2016, has been served upon the clerk of the court from which the appeal and cross appeal are taken, the date thereof, and the date by which the transcripts are expected; or

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

ORDERED that if the respondent-appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the cross appeal, without further notice.

HALL, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court