Appellate Division: Second Judicial Department

M251753

E/afa

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-12115 In the Matter of Roger Dupont, respondent- appellant, v Antoinise Gaston, appellant- respondent. (Docket Nos. V-51-16/16D-F, V-52-16/16D-F, O-8-16, O-80-16/16B)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent's assigned counsel to be relieved on an appeal and a cross appeal from an order of the Supreme Court, Rockland County (IDV Part), dated October 6, 2017, and for the assignment of new counsel. By order on certification of this Court dated December 27, 2017, the appellant-respondent was granted poor person relief and the following named attorney was assigned as counsel to prosecute her appeal:

Arleen Lewis

P.O. Box 219

Blauvelt, NY 10913

845-359-2149

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 former assigned counsel is directed to turn over all papers in this 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 counsel for the appellant-respondent:

Gary E. Eisenberg

10 Esquire Road, Suite 10

New City, NY 10956

845-634-0135

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal and cross appeal are taken; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, assigned counsel shall file in the office of the Clerk of this Court an affidavit or affirmation that the transcript has been received and indicating the date that it was received, or, if the transcript has not been received, an affidavit or affirmation stating that the date by which the transcript is expected; if none of the actions described 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 and cross appeal to show cause why the appeal should or should not be dismissed.

BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court