Appellate Division: Second Judicial Department

M49476

J/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-08785 In the Matter of Rodolfo Guerra, appellant, v Sandra Balistreri, respondent. (Docket Nos. V-16925-03, V-18863-03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court dated December 19, 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, in effect, to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Queens County, dated August 7, 2006, and for the assignment of new 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 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 on motion upon the respondent on or before January 26, 2007, 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 the assignment of new counsel to represent the respondent on the appeal is denied with leave to the respondent to renew, on or before February 16, 2007, upon the submission of proper papers, including the respondent's affidavit setting forth (1) the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income, and (2) the amount and source of counsel fees paid to Jennifer Rothstein, Esq.

CRANE, J.P., KRAUSMAN, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court