Appellate Division: Second Judicial Department

M229783

V/

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2016-06893 Lawrence Gugliara, respondent, v Stefanie Veras, appellant. (Index No. 56662/10)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, entered June 15, 2016. By decision and order on application of this Court dated July 18, 2016, the appellant was granted poor person relief, and the following named attorney was assigned as counsel to prosecute the appeal:

Edward E. Caesar, Esq.

26 Court Street, Suite 2401

Brooklyn, NY 11201

718-246-2712

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, and said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that pursuant to Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeal:

Carol Kahn, Esq.

225 Broadway, Suite 1510

New York, NY 10007

212-227-0206

and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the assigned 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 Supreme 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 decision and order on application of this Court dated July 18, 2016, as well as this decision and order on motion, have 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; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

ENG, P.J., RIVERA, COHEN and MALTESE, 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.