Appellate Division: Second Judicial Department

M241089

/afa

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2017-07317 In the Matter of Riyanna N. F. (Anonymous), also known as Riyanna F. (Anonymous). Forestdale, Inc., petitioner-respondent; Crystal M. S. (Anonymous), respondent-appellant, et al., respondent. (Docket No. B-8156-16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant's assigned counsel to be relieved and, in effect, to substitute retained counsel on an appeal from an order of the Family Court, Queens County, dated May 30, 2017. By order on certification of this Court dated August 28, 2017, the respondent-appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Nicole Barnum, Esq.

225 Broadway, Suite 2605

New York, NY 10007

917-371-7241

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:

Stephanie Simon, Esq.

c/o Wilmer Cutler Hale & Dorr, LLP

7 World Trade Center

250 Greenwich Street

New York, NY 10007

212-937-7210

and it is further,

ORDERED that so much of the order on certification of this Court dated August 28, 2017, as granted poor person relief to the respondent-appellant is vacated and former assigned counsel is directed to turn over all papers in this matter to the Clerk of this Court; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; 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 this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court