Appellate Division: Second Judicial Department

M45428

S/sl

GABRIEL M. KRAUSMAN, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-10437 In the Matter of Scott N. Artis, respondent, v Yolanda Y. Artis, appellant. (Docket Nos. V-11337-04, V-11338-04)

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

Motion by counsel assigned to represent the respondent in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to defend an appeal from an order of the Family Court, Suffolk County, dated October 17, 2005, and to grant the respondent leave to defend the appeal as a poor person.

Upon the papers filed in support of the motion and the 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 respondent on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the respondent on or before October 16, 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 respondent on the appeal and leave to defend the appeal as a poor person are denied with leave to the respondent to renew, on or before November 6, 2006, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the respondent is interested in defending the appeal.

KRAUSMAN, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court