Appellate Division: Second Judicial Department

M250826

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-00151 In the Matter of Nichelle S. E. B. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Kyondra E. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Michael A. T. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-respondent; Kyondra E. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2) In the Matter of Hezekiah J.-M. E. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Kyondra E. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 3) In the Matter of Za-Nayla T. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-respondent; Kyondra E. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 4) (Docket Nos. N-5190-16, N-5191-16, N-5192-16, N-5193-16, N-5194-16, N-5195-16, N-5196-16, N-5197-16)

DECISION & ORDER ON MOTION

Appeal by Kyondra E. from an order of the Family Court, Westchester County, dated September 20, 2017. The appellant was granted poor person relief on January 12, 2018, and the following named attorney was assigned to prosecute the appeal:

William Martin

44 Church Street

White Plains, NY 10601

914-771-7711

By decision and order on motion of this Court dated April 9, 2018, assigned counsel; was relieved of the assignment and the following named attorney was assigned as counsel to prosecute the appeal:

Neal D. Futerfas

50 Main Street, Suite 1000 - 10th Floor

White Plains, NY 10606

914-552-6076

On the Court's own motion, it is

ORDERED that Neal D. Futerfas is relieved of the assignment and Neal D. Futerfas, and William Martin are directed to turn over all papers in the matter to new counsel herein assigned; and it is further,

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

Marc Greenberg

45 Knollwood Road, Suite 502

Elmsford, NY 10523

914-347-1250

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 stating 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 the order on certification dated January 12, 2018, the decision and order on motion of this Court dated April 9, 2018, and this decision and order on motion 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 this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, 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.