Appellate Division: Second Judicial Department

M232215

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2016-11196, 2016-11198 In the Matter of Fahima A. (Anonymous), petitioner-appellant, v Shah A. (Anonymous), respondent-appellant; Akif A. (Anonymous), nonparty-appellant; Sayeed A. (Anonymous), nonparty-respondent. (Docket No. P-2032-15)

DECISION & ORDER ON MOTION

Separate appeals by Fahima A., Shah A. and Akif A., from two orders of the Family Court, Nassau County, both dated September 29, 2016. By order to show cause dated March 16, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals by Shah A. in the above-entitled proceeding for failure to comply with a scheduling order dated November 16, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by Curtis R. Exum for leave to withdraw as counsel for Shah A. Separate motion by Akif A. to stay all proceedings in an action pending in the Supreme Court, Nassau County, under Index No. 20160/13, pending hearing and determination of the appeals.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by Curtis R. Exum and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by Akif A. and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeals by Shah A. is denied; and it is further,

ORDERED that the motion by Curtis R. Exum is granted, and on or before June 17, 2017, Curtis R. Exum shall serve his 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 Shah A., without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that the time for Shah A. to serve and file a brief is enlarged until August 7, 2017, and the brief of Shah A. shall be served and filed on or before that date; and it is further,

ORDERED that the motion by Akif A. is granted, and all proceedings in the action pending in the Supreme Court, Nassau County, under Index No. 20160/13, are stayed pending hearing and determination of the appeals.

CHAMBERS, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court