Matter of Garcia v Lopez-Garcia
Motion No: 2018-03297
Slip Opinion No: 2018 NY Slip Op 81482(U)
Decided on August 24, 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

M254507

E/mmALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-03297

In the Matter of Madeline Garcia, appellant,

v Maritza Lopez-Garcia, et al., respondents.

(Docket Nos. V-7971-13, V-7975-13)

DECISION & ORDER ON MOTION

Appeal by Madeline Garcia from an order of the Family Court, Westchester County, dated March 16, 2018. By order on certification of this Court dated April 20, 2018, the appellant was granted poor person relief and the following attorney was assigned as counsel for the appellant on the appeal:

Lauren B. Glenn

777 Westchester Avenue, Suite 101

White Plains, New York 10604

(203) 832-9082

On the Court's own motion, it is

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

George E. Reed, Jr.

222 Mamaroneck Avenue, #303

White Plains, NY 10605

914-946-5000

and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the assigned counsel 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 any Family Court proceeding 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 received; or

(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated April 20 , 2018, has 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 if none of the above 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; 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.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court