Appellate Division: Second Judicial Department

M45472

J/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2006-06228 Matter of Terrence B. (Anonymous), appellant. (Docket No. D-14925/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 22, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the Law Guardian assigned to represent the juvenile in a proceeding before the Family Court, Orange County, to be relieved and to assign new counsel to represent the appellant on an appeal from an order of disposition of the Family Court, Kings County, dated June 16, 2006, to stay enforcement of the order of disposition, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a stay is denied; and it is further,

ORDERED that the branch of the motion which is to relieve assigned counsel and to assign new counsel is granted, and the Law Guardian, Cindy J. Mendelson, Esq., 26 Court Street, Suite 1903, Brooklyn, New York, 11242, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

George E. Reed, Jr.

222 Mamaroneck Ave.

Suite 303

White Plains, N.Y. 10605

(914) 946-5000

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendered when it is fully perfected.

PRUDENTI, P.J., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court