Appellate Division: Second Judicial Department

M265462

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-05932 In the Matter of Kristin Keuleman, respondent, v Michael Earp, appellant. (Proceeding No. 1) In the Matter of Michael Earp, appellant, v Kristin Keuleman, respondent. (Proceeding No. 2) (Docket Nos. V-5208-11/17J, V-5208-11/17K, V-5208-11/18L)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel and substitute retained counsel on an appeal from an order of the Family Court, Dutchess County, dated May 10, 2019. By order on certification of this Court dated June 25, 2019, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Arza R. Feldman

626 RXR Plaza, West Tower, 6th Floor

Uniondale NY, 11556

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 the following named attorney is substituted as retained counsel to prosecute the appeal:

Steven H. Klein & Associates, P.C.

40 Garden Street, Suite 301

Poughkeepsie, New York 12601

845-475-3737

and it is further,

ORDERED that so much of the order on certification of this Court dated June 25, 2019, as granted poor person relief to the appellant is vacated and former assigned counsel is directed to turn over all papers in this matter to the Clerk of the Court; 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, retained 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 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 it has been ordered and paid for, 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

27 Amherst Lane

Wappingers Falls, New York 12590