Appellate Division: Second Judicial Department

M260052

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-13358 In the Matter of Aminata L. (Anonymous). Westchester County Department of Social Services, respondent-respondent; Doris L. (Anonymous), petitioner-appellant; (Docket No. B-12864-09/18D)

DECISION & ORDER ON MOTION Assignment of Counsel

Appeal by Doris L. from an order of the Family Court, Westchester County, dated October 18, 2018. By order on certification of this Court dated January 23, 2019, pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Brad Anthony Smith, dated January 15, 2019, 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:

Deborah Clegg

PO Box 996

Croton Falls, NY 10519

914-637-1922

By letter dated February 6, 2019, counsel advised the Court that the appellant is interested in prosecuting the appeal.

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 the following named attorney is assigned as counsel to prosecute the appeal:

Carl D. Birman

235 Mamaroneck Avenue, Suite 300

White Plains, NY 10605

914-630-4680

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 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 transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated January 23, 2019, 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 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 scheduling order, 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.