| Matter of R. (Anonymous), Deron Dwayne; Nassau County |
| Motion No: 2006-08962 |
| Slip Opinion No: 2006 NYSlipOp 80612(U) |
| Decided on November 27, 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
M47386
E/sl
THOMAS A. ADAMS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
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2006-08962 In the Matter of Deron Dwayne R. (Anonymous). Nassau County Department of Social Services, respondent; Cholena C. (Anonymous), et al., appellants (and another title). (Docket Nos. B-2043/05, B-2044/05)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant Cholena C. in a proceeding before the Family Court, Nassau County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Nassau County, dated August 10, 2006, and to grant the appellant Cholena C. leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 appellant Cholena C. on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant Cholena C. on or before December 11, 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 branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116); and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant Cholena C. on the appeal, for a waiver of the filing fee, and to be provided with free transcripts are denied with leave to the appellant Cholena C. to renew, on or before January 8, 2007, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that she is interested in pursuing the appeal.
ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court