Matter of Barton v Montero
Motion No: 2018-05298
Slip Opinion No: 2018 NY Slip Op 73993(U)
Decided on May 31, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M250823

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-05298

In the Matter of Selena S. Barton, etc.,

respondent, v Jimmy Montero, Jr., appellant.

(Docket No. O-2129-16)

DECISION & ORDER ON MOTION

Appeal by Jimmy Montero, Jr., from an order of the Family Court, Dutchess County, dated April 9, 2018. The appellant was granted poor person relief on May 18, 2018, and the following named attorney was assigned to prosecute the appeal:

Neal D. Futerfas

50 Main Street, Suite 1000

White Plains, NY 10606

914-552-6076

On the Court's own motion, it is

ORDERED that counsel assigned to prosecute the appeal is relieved of the assignment and is 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:

Joseph Petito

2 Austin Court

Poughkeepsie, NY 12603

845-454-5586

and it is further,

ORDERED that assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,

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.