Appellate Division: Second Judicial Department

M35705

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-09952 In the Matter of Lamax A. McLean, respondent, v Nakisha Bell, appellant. (Docket No. V-12663-05)

ORDER TO SHOW CAUSE

Appeal by Nakisha Bell from an order of the Family Court, Suffolk County, dated August 15, 2005. By decision and order on motion of this court dated November 16, 2005, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted and the following attorney was assigned to prosecute the appeal:

Joseph Hanshe, Esq.

116 Greene Avenue

Sayville, New York 11782

Now, on the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be made and entered recalling and vacating the decision and order on motion dated August 15, 2005, granting her motion for poor person relief and the assignment of counsel on the ground that the appellant had retained counsel in a related appeal from an order of the Family Court, Suffolk County, entered April 4, 2005 (Appellate Division Docket No. 2005-05078), and has not adequately explained why she cannot retain counsel on this appeal, by filing an affidavit on that issue with the Clerk of this court on or before February 17, 2006; and it is further,

 ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the appellant, her attorney, and on the respondent by regular mail.

FLORIO, J.P., ADAMS, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court