IN THE MATTER OF LEONEL CASAS V CRYSTAL DAY
Motion No: CAF 22-00384
Slip Opinion No: 2023 NY Slip Op 75775(U)
Decided on October 24, 2023
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 24, 2023

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CAF 22-00384
Docket No. V-00709-20
Docket Nos. V-05945-19, V-05945-19/21A

IN THE MATTER OF LEONEL CASAS, PETITIONER-RESPONDENT,

V

CRYSTAL DAY, RESPONDENT-APPELLANT.



IN THE MATTER OF CRYSTAL DAY, PETITIONER-APPELLANT,

V

LEONEL CASAS, RESPONDENT-RESPONDENT.


An order having been entered on April 19, 2022, granting petitioner-appellant's application to perfect an appeal taken herein as a poor person and assigning Philip Rothschild, Esq., as counsel to perfect the appeal, an order having been entered on September 13, 2022 substituting Theodore W. Stenuf, Esq., as counsel to perfect the appeal, and an order having been entered on August 18, 2022 substituting Diana G. Cunningham, Esq., as counsel to perfect the appeal,

Now, upon the Court's own motion,

It is hereby ORDERED that Melissa Swartz, Esq., 300 South State Street, 1st Floor, Syracuse, New York 13202, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Onondaga County, entered January 24, 2022, in place and stead of Diana G. Cunningham, Esq., and

It is further ORDERED that the Onondaga County Family Court Clerk provide Melissa Swartz, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the time to perfect the appeal is extended to December 26, 2023, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 24, 2023

Ann Dillon Flynn

Clerk of the Court