Appellate Division: Second Judicial Department

M266718

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-14234 In the Matter of Darrell H. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; Darrell D. H. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Nevaeh M. H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Darrell D. H. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. B-12821-16, B-12828-16)

DECISION & ORDER ON MOTION

Appeal by Darrell D. H. from an order of the Family Court, Suffolk County, dated November 7, 2018. The appellant was granted poor person relief on March 7, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert Garcia

320 Carleton Avenue, Suite 3900

Central Islip, NY 11722

631-667-3757

On the Court's own motion, it is

ORDERED that said assigned counsel is relieved and 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 appeal:

Abbe Shapiro

5507-10 Nesconset Highway, Suite 212

Mount Sinai, NY 11766

516-330-5490

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 decision and order on motion, new assigned counsel shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been received and indicating the date that it was received, or, if the transcript has 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; and it is further,

ORDERED that if new assigned counsel fails to comply with the foregoing provision within 30 days of the date of this decision and order on motion, 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; and it is further,

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

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court