Appellate Division: Second Judicial Department

M227566

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2015-12136, 2015-12137 In the Matter of Megan Cusano, respondent, v Luis Coitino, appellant. (Docket Nos. V-11178-10/13L, V-5412-15, V-11178-10/15O, V-11178-10/13K)

DECISION & ORDER ON MOTION

Motion by the attorney for the child on appeals by Luis Coitino from two orders of the Family Court, Westchester County, dated October 30, 2015, and November 5, 2015, respectively, to make the caption anonymous and to dismiss the appeals for failure to file the transcripts of certain proceedings. Cross motion by the appellant, inter alia, for physical custody of the subject child pending hearing and determination of the appeals, to strike the respondent's brief, and to relieve the attorney for the child.

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

ORDERED that the branch of the motion which is to dismiss the appeals is denied on condition that on or before May 9, 2017, the appellant obtain the transcripts of the proceedings which occurred on October 9, 2014, April 1, 2015, July 20, 2015, August 19, 2015, and October 28, 2015, and file the transcripts with this Court; and it is further,

ORDERED that if the appellant fails to file the transcripts on or before May 9, 2017, the appeals will be dismissed, without further notice; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court