Appellate Division: Second Judicial Department

M251806

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-02639 In the Matter of Piper S. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Victoria S. (Anonymous), respondent-appellant, et al., respondent. (Docket Nos. N-16229-15, N-16227-15)

DECISION & ORDER ON MOTION Assignment of Counsel

Motion by assigned counsel for the respondent-appellant to be relieved of the assignment on an appeal from an order of the Family Court, Westchester County, dated February 14, 2018, for the assignment of new counsel, and to enlarge the time to perfect the appeal. Application by the respondent-appellant for leave to proceed pro se. By order on certification of this Court dated April 13, 2018, the respondent-appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

William Martin

44 Church Street

White Plains, NY 10601

914-771-7711

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to relieve assigned counsel and to enlarge the time to perfect the appeal, and the application are granted, and the branch of the motion which is for the assignment of new counsel is denied; and it is further,

ORDERED that former assigned counsel shall turn over all papers in the matter to the Clerk of this Court; 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 respondent-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 proceedings 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 the order on certification of this Court dated April 13, 2018, has been served upon the clerk of the Family Court, Westchester County; 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 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.

SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court