Matter of Licata v Kaplan
Motion No: 2022-06487
Slip Opinion No: 2023 NY Slip Op 75984(U)
Decided on October 30, 2023
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M291941

AFA

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2022-06487

In the Matter of Joseph Licata, appellant,

v Debra M. Kaplan, respondent.

(Docket No. V-18603-2019/19A)

DECISION & ORDER ON MOTION

Appeal by Joseph Licata from an order of the Family Court, Suffolk County, dated August 1, 2022. Motion by the appellant's assigned counsel to be relieved of the assignment and for the assignment of new counsel to prosecute the appeal. By order on certification of this Court dated August 17, 2022, the following named attorney was assigned as counsel to prosecute the appeal:

Abbe Shapiro

5507-10 Nesconset Hwy., Ste. 212

Mount Sinai, NY 11766

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 said assigned counsel 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:

Darla A. Filiberto

1770 Motor Parkway, Suite 300

Hauppauge, NY 11749

631-232-1130

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Acting Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by 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 November 29, 2023, 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.

BRATHWAITE NELSON, J.P., MALTESE, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court