Appellate Division: Second Judicial Department

M37310

Y/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)

DECISION & ORDER ON MOTION

Appeal by Nakisha Bell from an order of the Family Court, Suffolk County, dated August 15, 2005. By order to show cause dated February 3, 2006, the appellant was directed to 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 had not adequately explained why she could not retain counsel on this appeal.

Now, on the court's own motion and upon the papers filed in relation to the order to show cause, it is

ORDERED that the order to show cause is granted, the decision and order on motion dated August 15, 2005, is recalled and vacated, Joseph Hanshe, Esq., 116 Greene Avenue, Sayville, New York, 11782, is relieved from representing the appellant on this appeal, and the appellant's motion for poor person relief and assignment of cousnel is denied; and it is further,

ORDERED that former assigned counsel is directed to turn over all papers in this action, including any transcripts in his possession to the Clerk of this court.

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

ENTER:

James Edward Pelzer

Clerk of the Court