Appellate Division: Second Judicial Department

M273328

AFA/

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2019-11671 In the Matter of Angela Khan, appellant, v Meiyer Schwartz, respondent. (Docket Nos. V-03207-12/18AA, V-03207-12/18Z, V03207-12/18AB, V-03208-12/18AC, V-03208-12/18AB, V-03208-12/18AD)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Rockland County, dated July 8, 2019. Motion by the appellant to relieve assigned counsel and to substitute pro bono co-counsel on the appeal. The appellant's motion for assignment of counsel was granted on January 10, 2020, and the following named attorney was assigned as counsel to prosecute the appeal:

Gary E. Eisenberg

10 Esquire Road, Suite 10

New City, NY 10956

845-634-0135

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 to the extent that assigned counsel is relieved of the assignment, on or before November 2, 2020, the appellant shall advise this Court and former assigned counsel whether Schulte Roth & Zabel, 919 Third Avenue, New York, NY 10022, 212-756-2000, or New York Counsel for Legal Defense, 7 Hanover Square, New York, NY 10004, 212-613-7587, will be counsel of record for the appellant (see 22 NYCRR 670.1[c][3]), and, upon notification, former assigned counsel shall turn over all papers in this matter to pro bono counsel of record, and the motion is otherwise denied; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appellant's time to perfect the appeal by causing the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), serving the appellant's brief and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until December 2, 2020, and the appellant shall file an original and five hard copies of the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; 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.

RIVERA, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court