| Matter of E. (Anonymous), Keriann; E. (Anonymous), Jo |
| Motion No: 2006-08261 +1 |
| Slip Opinion No: 2007 NYSlipOp 62618(U) |
| Decided on February 6, 2007 |
| 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
M50316
F/
HOWARD MILLER, J.P.
DAVID S. RITTER
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2006-08261, 2006-08263 In the Matter of Keriann E. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; John E. (Anonymous), Sr., appellant; et al., respondent. (Proceeding No. 1) In the Matter of Joseph Steven E. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; John E. (Anonymous), Sr., appellant; et al., respondent. (Proceeding No. 2) In the Matter of James Robert E. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; John E. (Anonymous), Sr., appellant; et al., respondent. (Proceeding No. 3) (Docket Nos. B-7447-00, B-7448-00, B-8145-01)
| 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 appeals from an order and an amended order of the Family Court, Queens County, dated July 18, 2006, and August 1, 2006, respectively, and to grant the appellant leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition and 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 appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before February 20, 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 branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before March 13, 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 appeals.
MILLER, J.P., RITTER, LIFSON, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court