Matter of Marrale v Marrale
Motion No: 2005-11225
Slip Opinion No: 2006 NYSlipOp 63353(U)
Decided on February 28, 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

M36373

T/nal

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-11225

In the Matter of Judith Marrale, v

Alphonse Marrale, appellant.

(Docket No. F-451/02)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated October 21, 2005, and to grant leave to the appellant 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 or relation thereto, it is

ORDERED that the branch of the motion which is to relieve assigned counsel from prosecuting the appeal is granted; and it is further,

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court