Appellate Division: Second Judicial Department

M42365

S/nl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-05861 In the Matter of Carol Steinhauser, appellant, v Jeffrey Haas, respondent. (Docket Nos. V-11476-04, V-11477-04, V-11478-04)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court

On the court's own motion, it is

ORDERED that counsel assigned to prosecute an appeal from an order of the Family Court, Suffolk County, dated May 24, 2005, is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned.

The appellant's motion for assignment of counsel was granted on August 3, 2005, and the following named attorney was assigned to prosecute the appeal:

Richard Darvis Borzouye, Esq.

239 East 60th Street, Suite 4R

New York, New York 10022

(917)399-4949

and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:

Elizabeth M. Niemi, Esq.

P.O. Box 109

Amityville, New York 11701

(631) 691-1587

and it is further,

ORDERED that on or before August 18, 2006, the newly assigned counsel shall contact the appellant and advise this court in writing whether the appellant is still interested in pursuing the appeal, or if there have been any additional orders of the Family Court, Suffolk County, which would render this appeal academic; 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.

FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court