Appellate Division: Second Judicial Department

M231722

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-11705 In the Matter of John Henry Eckstein, Jr., appellant, v Carolyn Alice Young, respondent. (Docket Nos. V-5887-11, V-7118-11, V-15405-11)

DECISION & ORDER ON MOTION Assignment of Counsel

Motion by the appellant's assigned counsel to be relieved on an appeal from an order of the Family Court, Westchester County, dated October 22, 2015, for the assignment of new counsel, and, in effect, to extend the appellant's time to serve and file an affidavit or affirmation pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]). By decision and order on motion of this Court dated February 3, 2017, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

William Martin, Esq.

44 Church Street

White Plains, NY 10601

914-771-7711

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

ORDERED that the motion is granted and former assigned counsel is relieved of the assignment and directed to turn over all papers in the action 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:

Marc Greenberg, Esq.

45 Knollwood Road, Suite 502

Elmsford, NY 10523

201-800-2283

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; 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 shall file in the office of the Clerk of this Court an affidavit or affirmation that the transcript has been received, and indicating the date that it was received, or, if the transcript has not been received, an affidavit or affirmation stating that the date by which the transcript is expected; and it is further,

ORDERED that if assigned counsel does not file the affidavit or affirmation 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.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court