Appellate Division: Second Judicial Department

M264097

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-02560, 2019-02826 In the Matter of Marquerite Camaiore, respondent, v Frank Farance, appellant. (Docket No. F-4307-13/17G)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved on appeals from two orders of the Family Court, Queens County, dated September 10, 2018, and February 14, 2019, respectively. By order on certification of this Court dated May 15, 2019, the appellant was granted leave to proceed as a poor person on the appeals, and the following named attorney was assigned as counsel to prosecute the appeals:

Daniel E. Lubetsky

155-03 Jamaica Avenue

Jamaica, NY 11432

718-264-8158

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 said assigned counsel is directed to turn over all papers in the action 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 to prosecute the appeals:

Salvatore C. Adamo

350 Fifth Avenue, 59th Floor

New York, NY 10118

212-964-7983

and it is further,

ORDERED that the appeals 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 order; and it is further,

ORDERED that within 30 days after the date of this order, 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 appeals; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order on certification of this Court dated May 15, 2019, and this decision and order on motion have been served upon the clerk of the court from which the appeals is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 order, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

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

RIVERA, J.P., HINDS-RADIX, BARROS 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.