Appellate Division: Second Judicial Department

M259568

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2017-11719 The People, etc., ex rel. Karen Accomando, on behalf of J. A. A. (Anonymous) and G. A. (Anonymous), petitioner-respondent, v Elizabeth Kirschner-Melendez, appellant. (Index No. 3556/16)

DECISION & ORDER ON MOTION

Appeal by Elizabeth Kirschner-Melendez from an judgment of the Supreme Court, Suffolk County, dated October 17, 2017. By order to show cause dated January 14, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled matter for failure to comply with a scheduling order dated October 29, 2018.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, Karen Marie Caggiano, 198 Crestwood Drive, Shirley, NY 11967, counsel assigned by order on certification of this Court dated February 2, 2018, 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:

Heather Fig

Bayport Professional Centre

982 Montauk Highway, Suite 6

Bayport, NY 11705

631-419-6111

and it is further,

ORDERED that on or before March 27, 2019, assigned counsel shall advise this Court, in writing, whether she is adopting the brief filed by former assigned counsel, and/or whether assigned counsel will be filing a supplemental or replacement brief; and it is further,

ORDERED that on or before March 27, 2019, assigned counsel shall cause the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.5[e]); and it is further,

ORDERED that pursuant to § 670.3(b)(2) of the rules of this Court (see 22 NYCRR 670.3[b][2]), the time for the respondent and the attorney for the children to serve and file their respective briefs on the appeal is extended until April 26, 2019; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and BRATHWAITE NELSON, 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.