Robinson v. Robinson

Full title: In the Matter of Erin Robinson, respondent, v. Ronald Robinson, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 29, 2013

2013 N.Y. Slip Op. 72148 (N.Y. App. Div. 2013)

Opinion

2012-11275 Docket No. O-32147/08 M155481

04-29-2013

In the Matter of Erin Robinson, respondent, v. Ronald Robinson, appellant.

RUTH C. BALKIN

, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by Melanie M. Marmer for leave to withdraw as counsel for the appellant on an appeal from an order of the Family Court, Kings County, dated November 16, 2012.

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 on or before May 14, 2013, Melanie M. Marmer is directed to serve her client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that on or before June 14, 2013, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court