Appellate Division: Second Judicial Department

M252567

T/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-04870 In the Matter of Deborah M. Lashlee, respondent, v Samuel M. Lashlee, appellant. (Docket No. O-6473-13/17R)

DECISION & ORDER ON MOTION Assignment of Counsel

Appeal by Samuel M. Lashlee from an order of the Family Court, Dutchess County, dated April 18, 2018. By order on certification of this Court dated May 24, 2018, the appellant was granted leave to proceed as a poor person on the appeal and the following named attorney was assigned as counsel to prosecute the appeal:

Cynthia G. Kasnia,

316 Main Street, Suite 8

Poughkeepsie, NY 12601

845-452-3190

On the Court's own motion, it is

ORDERED that counsel is relieved of the assignment and 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 §§ 1118 and 1120, the following named attorney is assigned as counsel to prosecute the appeal:

Carol Kahn

225 Broadway, Suite 1510

New York, NY 10007

212-227-0206

and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; 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 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 May 24, 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 transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; 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 is taken; 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, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.