Appellate Division: Second Judicial Department

M46303

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-06118 In the Matter of Kimberly Vann, respondent, v Darryll Vann, appellant. (Docket No. F-9853/05)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated June 9, 2006, and to grant the appellant 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 on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant 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 on the appeal, for a waiver of the filing fee, and to be provided with free transcripts are denied with leave to the appellant to renew, on or before January 8, 2007, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

SANTUCCI, J.P., GOLDSTEIN, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court