Appellate Division: Second Judicial Department

M235687

E/afa

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2017-03660 In the Matter of Allison G. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Howard I. (Anonymous), Jr., respondent-appellant. (Proceeding No. 1) (Docket No. N-466-16) In the Matter of Sarah G. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Howard I. (Anonymous), Jr., respondent-appellant. (Proceeding No. 2) (Docket No. N-467-16) In the Matter of Howard I. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Howard I. (Anonymous), Jr., respondent-appellant. (Proceeding No. 3) (Docket No. N-470-16) In the Matter of Thomas I. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Howard I. (Anonymous), Jr., respondent-appellant. (Proceeding No. 4) (Docket No. N-471-16)

DECISION & ORDER ON MOTION

Motion by Diana L. Kidd, P.C., for leave to withdraw as counsel for the respondent-appellant on an appeal from an order of the Family Court, Dutchess County, dated March 16, 2017, and for poor person relief and the assignment of counsel for the respondent-appellant.

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 branch of the motion which is for leave to withdraw as counsel is granted and on or before August 22, 2017, Diana L. Kidd, P.C., shall serve its 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 the respondent-appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,

ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel are denied, with leave to renew, on or before September 21, 2017, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and the source and amount of counsel fees paid to retained counsel; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before September 21, 2017, 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 the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, as set forth above; or

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

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken on or before September 21, 2017, 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.

LEVENTHAL, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.