Appellate Division: Second Judicial Department

M249210

E/afa

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-12026 In the Matter of Scott Mitchell Unger, appellant, v Koren Ha, respondent. (Proceeding No. 1) In the Matter of Koren Ha, respondent, v Scott Mitchell Unger, appellant. (Proceeding No. 2) (Docket Nos. F-2428-17, F-4441-16)

DECISION & ORDER ON MOTION

Motion by Jerome A. Scharoff, P.C., to be relieved as counsel for the appellant on an appeal from an order of the Family Court, Nassau County, dated October 23, 2017.

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 on or before May 10, 2017, Jerome A. Scharoff, 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 appellant, 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before May 25, 2018, the 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 proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating 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) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4), above has been taken on or before May 25, 2018, 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.

MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, 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.