Appellate Division: Second Judicial Department

M251177

E/sl

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. By decision and order on motion of this Court dated May 18, 2018, the appellant was granted poor person relief 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. By decision and order on motion of this Court dated May 31, 2018, Mr. Futerfas was relieved and the following named attorney was assigned to prosecute the appeal: Joseph Petito, 2 Austin Court, Poughkeepsie, NY 12603, 845-454-5586.

On the Court's own motion, it is

ORDERED that counsel assigned to prosecute the appeal is relieved of the assignment, and Neal D. Futerfas and Joseph Petito 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:

Gary E. Eisenberg

10 Esquire Road, Suite 10

New City, New York 10956

845-634-0135

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this court, and on or before June 22, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant is interested in prosecuting the appeal, or

(2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that the 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 upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this decision and order on motion and the decision and order on motion of this Court dated May 18, 2018, 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.