Matter of A. (Anonymous), Ray Jr.; St. Vincent's Service
Motion No: 2004-08499 +1
Slip Opinion No: 2006 NYSlipOp 62673(U)
Decided on February 3, 2006
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

M35688

O/sl

DAVID S. RITTER, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-08499, 2005-04689

In the Matter of Ray A. (Anonymous), Jr.

St. Vincent's Services, petitioner-respondent;

Marilyn R. (Anonymous), respondent-respondent;

Steven Banks, nonparty-appellant.

(Docket No. B-1853/01)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the respondent-respondent in a proceeding before the Family Court, Queens County, to be relieved, and for the assignment of new counsel to defend appeals from two orders of the Family Court, Queens County, dated August 26, 2004, and April 18, 2005, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the respondent-respondent on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the respondent-respondent at her last known address on or before February 17, 2006, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that on or before March 3, 2006, the respondent-respondent shall either (1) serve and file her brief on the appeal or (2) move to renew that branch of the motion which is for the assignment of counsel upon proper papers establishing that the respondent-respondent is financially entitled to the assignment of counsel and that she is interested in defending the appeal; and it is further,

ORDERED that in the event that the respondent-respondent fails to either serve and file her brief or move to renew that branch of the motion which is for the assignment of counsel on or before March 3, 2006, the appeal will be calendared without the respondent-respondent's brief.

RITTER, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court