| Matter of O. (Anonymous), Destiny; Suffolk County Dep |
| Motion No: 2006-00425 |
| Slip Opinion No: 2006 NYSlipOp 70341(U) |
| Decided on June 14, 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. |
Appellate Division: Second Judicial Department
M40808
A/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2006-00425 In the Matter of Destiny O. (Anonymous). Suffolk County Department of Social Services, respondents; Bryant M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Bryant M. (Anonymous), petitioner, v Kelly O. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. A-16730-05, V-15499-05)
| DECISION & ORDER ON MOTION |
Separate motions by the appellant pro se on an appeal from an order of the Family Court, Suffolk County, dated October 12, 2005, (1) for the assignment of counsel, and (2) for leave to prosecute the appeal as a poor person, to stay enforcement of the order pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal. The appellant's motion for poor person relief was granted by decision and order on motion of this court dated April 6, 2006.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that the motion which is for the assignment of counsel is granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Anna Martin, Esq.
250 Montauk Highway
East Moriches, New York 11940
(631) 878-3352
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,
ORDERED that the branch of the second motion which is for a preference is granted, and the appeal will be calendared when it is fully perfected; and it is further,
ORDERED that the branch of the second motion which is for leave to prosecute the appeal as a poor person is denied as academic in light of the decision and order on motion of this court dated April 6, 2006; and it is further,
ORDERED that the second motion is otherwise denied.
FLORIO, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court