Appellate Division: Second Judicial Department

M255877

E/rr

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2017-10894 Gabriel Raymond Falco, appellant, v Laura Ann Bowery Falco, respondent. (Index No. 21122/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel on an appeal from an order of the Supreme Court, Suffolk County, dated August 30, 2017, to enlarge the time to perfect the appeal, and for poor person relief. Separate motion by the appellant's assigned counsel to be relieved and for the assignment of counsel, and to enlarge the time to perfect the appeal. Separate motion by the appellant to enlarge the record to "include the correct [o]rder . . . on custody and pleadings related" to a certain document.

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

ORDERED that the branches the motions which are to relieve assigned counsel and for the assignment of new counsel are granted, Salvatore C. Adamo, 350 Fifth Avenue, 59th Floor, New York, NY 101198, 212-964-7983, counsel assigned to prosecute the appeal by decision and order on motion of this Court dated February 21, 2018, is relieved of the assignment and directed to turn over all papers in the above-entitled matter to new counsel herein assigned, and pursuant to Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeal:

Glenn Gucciardo

256 Main Street, Suite 206

Northport, NY 11768

631-262-6911

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 the branches the motions which are to enlarge the time to perfect the appeal are granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until November 13, 2018; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied as unnecessary as the appellant was granted poor person relief by the decision and order on motion of this Court dated February 21, 2018; and it is further,

ORDERED that the motion to enlarge the record to "include the correct [o]rder . . . on custody and pleadings related" to a certain document is denied.

BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court