Appellate Division: Second Judicial Department

M300047

KL/

ROBERT J. MILLER, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

DONNA-MARIE E. GOLIA, JJ.

2023-05001 Jonathan Chance, appellant, v Deborah Chance, respondent. (Index No. 200815/2019)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

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ORDERED that the decision & order dated September 25, 2024, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Appeal from a judgment of the Supreme Court, Nassau County, dated March 2, 2023. Motion by assigned counsel for the appellant to be relieved of the assignment to prosecute the appeal with respect to issues of custody and visitation and for the assignment of new counsel, and, in effect, for a preference in the calendaring of the appeal. By decision and order on motion of this Court dated March 15, 2024, the appellant was granted leave to proceed as a poor person on the appeal with respect to issues of custody and visitation. By decision and order on motion of this Court dated June 28, 2024, the following named attorney was assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

William A. Sheeckutz

215 Ronni Drive

East Meadow, NY 11554

516-513-1016

Upon the papers filed in support of the motion and the papers filed in opposition 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 with respect to issues of custody and visitation:

Steven Feinman

One North Broadway, Ste. 412

White Plains, NY 10601

914-949-8214and it is further,

ORDERED that the assigned counsel shall prosecute the appeal with respect to issues of custody and visitation 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see 22 NYCRR 670.3[b]).

MILLER, J.P., FORD, DOWLING and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court