Appellate Division: Second Judicial Department

M236278

V/

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

LINDA CHRISTOPHER, JJ.

2017-05407 In the Matter of Miriah S. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Jimmy S. (Anonymous), Jr., respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Jimmy S. (Anonymous) III. Westchester County Department of Social Services, petitioner-respondent; Jimmy S. (Anonymous), Jr., respondent-appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-10591-15, N-10592-15, N-8452-16, N-8453-16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant's assigned counsel to be relieved on an appeal from an order of the Family Court, Westchester County, dated May 2, 2017, and for the assignment of new counsel. By order on certification of this Court dated June 21, 2017, the following named attorney was assigned as counsel to prosecute the appeal:

George E. Reed, Jr., Esq.

222 Mamaroneck Avenue, Suite #303

White Plains, NY 10605

914-946-5000

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 former counsel is directed to turn over all papers in this matter to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, the following named attorney is assigned as new counsel to prosecute the appeal:

Andrew W. Szczesniak, Esq.

222 Mamaroneck Avenue, Suite 104

White Plains, NY 10605

914-682-9282

and it is further,

ORDERED that assigned counsel shall serve a copy of this order 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, 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 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 this order as well as the order on certification dated June 21, 2017, 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.

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