Appellate Division: Second Judicial Department

M46301

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2006-00306 Trevor Smith, appellant, v Joanne Wood, respondent. (Index No. 7779/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 10, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the attorney for the respondent on an appeal from an order of the Supreme Court, Nassau County, dated December 9, 2005, for leave to withdraw as counsel on the appeal.

Upon the papers filed in support of the motion and the papers filed 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 November 10, 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 30, 2006, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the respondent is interested in defending the appeal.

KRAUSMAN, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court