Opinion
Motion No. CV-23-1183
08-30-2023
In the Matter of ALEXANDRIA WW., Alleged to be a Juvenile Delinquent. v. ALEXANDRIA WW., Appellant. AMY MERKLIN, as Delaware County Attorney, Respondent,
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Application to be relieved as attorney for the child.
Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is
ORDERED that the application by Linden D. Summers III, Esq., to be relieved of the appointment as attorney for the child is granted, and it is further
ORDERED that Mitchell S. Kessler, Esq., 63 Pike Creek Drive, Cohoes, NY 12047, is assigned pursuant to Family Court Act § 1120, and it is further
ORDERED that the child be made available to the attorney for the child as counsel may direct, and it is further
ORDERED that if the appeal has not been registered with NYSCEF, counsel shall register the appeal within 14 days of the date of this decision and order, and it is further
ORDERED that the appeal shall be perfected by the appendix method in accordance with section 1250.5 (c) of the Practice Rules of the Appellate Division and sections 850.7 (b) and 850.9 (a) of this Court's Rules of Practice, and it is further
ORDERED that pursuant to CPLR 1102, the Clerk of the Family Court of Delaware County is directed to furnish two copies of the transcripts of the stenographic minutes of all proceedings in the matter: one to the attorney for the child along with a copy of any other paper or document on file in that office except those which the attorney for the child or the court from which the appeal is taken determines are not material and relevant to this appeal, and the second copy of said transcripts to the Clerk of this Court, and the transcripts shall be omitted from the hard copy of the record, and it is further
ORDERED that if the appeal is not perfected by October 30, 2023, the attorney for the child shall make an application on notice for a further extension of time to perfect the appeal..
Garry, P.J, Clark, Reynolds Fitzgerald and McShan, JJ, concur