| Matter of Mahoney v Ramos-Ortiz |
| Motion No: 2018-12933 |
| Slip Opinion No: 2019 NY Slip Op 62060(U) |
| Decided on February 1, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M259867
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ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
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2018-12933 In the Matter of Stephen C. Mahoney, respondent, v Sibia B. Ramos-Ortiz, appellant. (Docket No. V-5367-17)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated January 31, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal by Sibia B. Ramos-Ortiz from an order of the Family Court, Orange County, dated October 18, 2018. By order on certification of this Court dated December 4, 2018, the appellant was granted poor person relief and the following named attorney was assigned to prosecute the appeal:
John F. X. Burke
210 Main Street
P.O. Box 943
Goshen, NY 10924
On the Court's own motion, it is
ORDERED that counsel assigned to prosecute the appeal 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 § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:
Salihah R. Denman
600 Mamaroneck Avenue, Suite 400
Harrison, NY 10528
914-215-7221
and it is further,
ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before February 15, 2019, shall notify the Case Manager assigned to the appeal, in writing, that counsel has done so and that either
(1) the appellant is interested in prosecuting the appeal, or
(2) the appellant is not interested in prosecuting the appeal, or that counsel has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,
ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of the order on certification of this Court dated December 4, 2018, and 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