Appellate Division: Second Judicial Department

M35903

Y/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2006-00481 In the Matter of Ernest Rudolph, Jr., appellant, v Nola Smith, respondent. (Docket No. F-13026-02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by Roberta Fox counsel assigned to represent the appellant in a proceeding before the Family Court, Nassau County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Nassau County, dated December 5, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition to or in 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 appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before February 24, 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 the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before March 10, 2006, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court