Appellate Division: Second Judicial Department

M47914

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-08566 Motion for Poor Person Re In the Matter of Marlene O. (Anonymous), appellant. Family C (Docket No. D-01192-05)

DECISION & ORDER ON MOTION lief and to Assign New Counsel ourt

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 29, 2006, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Helene Chowes, the Law Guardian for the appellant, for leave to the appellant to prosecute an appeal from an order of the Family Court, Kings County, dated August 1, 2006, as a poor person, and for the assignment of counsel.

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 motion is denied as unnecessary as the appellant's status as a poor person and the assignment of the Law Guardian appointed by the Family Court, Kings County, continues on this appeal (see Family Ct Act § 1120[b]), and Helene Chowes, Esq., 401 Broadway - Suite 1507, New York, New York 10013, (212) 431-9550, continues as Law Guardian on this appeal.

MILLER, J.P., CRANE, LIFSON, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court