Appellate Division: Second Judicial Department

M256737

E/afa

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-04966 In the Matter of Nicholas Vitucci, respondent, v Mehrak Radparvar, appellant. (Docket Nos. V-13670-09/16S, V-13670-09/16T)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment on an appeal from an order of the Family Court, Westchester County, dated April 9, 2018, and for the assignment of new counsel. By order on certification of this Court dated July 5, 2018, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Christine Moccia

800 Westchester Avenue, Suite N-307

Rye Brook, New York 10573-1388

914-902-3325

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:

Andrew W. Szczesniak

222 Mamaroneck Avenue, Suite 104

White Plains, NY 10605

914-682-9282

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 pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 1250.9 [a][5]), and by serving and filing a brief on the appeal is enlarged until December 24, 2018.

SCHEINKMAN, P.J., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court