Appellate Division: Second Judicial Department

M236089

E/afa

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

LINDA CHRISTOPHER, JJ.

2016-12609 In the Matter of Andrew Devlin, respondent, v Merry Eriksson, appellant. (Docket Nos. V-475-15/16A, V-475-15/16B)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel and substitute retained counsel on an appeal from an order of the Family Court, Orange County, dated November 15, 2016. By order on certification of this Court dated February 14, 2017, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Kelli M. O'Brien, Esq.

P.O. Box 562

Goshen, NY 10924

845-360-5503

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 the following named attorney is substituted as retained counsel to prosecute the appeal:

Michael D. Meth

c/o Meth Law Offices

10 Moffatt Lane, Suite 2

PO Box 560

Chester NY 10918

845-469-9529

and it is further,

ORDERED that so much of the order on certification of this Court dated February 14, 2017, as granted poor person relief to the appellant is vacated and former assigned counsel is directed to turn over all papers in this matter to the Clerk of the Court; 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, retained 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 Family 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 it has been ordered and paid for, the date thereof and the date by which the transcript is 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.

HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court