Appellate Division: Second Judicial Department

M265209

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-03002 In the Matter of Sharon James, respondent, v Romas McGee, appellant. (Docket No. O-12795-17)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Westchester County, dated March 13, 2019. By order on certification of this Court dated June 4, 2019, the appellant was granted leave to prosecute the appeal as a poor person, and the following named attorney was assigned to prosecute the appeal:

Deborah Clegg

8 Front Street

Unit 996 - PO Box 996

Croton Falls, NY 10519

914-637-1922

On the Court's own motion, it is

ORDERED that previously assigned counsel is relieved of the assignment and directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:

Teresa Stilo

41 Tewkesbury Rd.

Scarsdale, New York 10583

914-472-7669

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; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), within 30 days after the date of this scheduling 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 proceedings 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 this decision and order on motion and the order on certification of this Court dated June 4, 2019, has 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