Matter of Khaykin v Kanayeva
Motion No: 2006-11352
Slip Opinion No: 2007 NYSlipOp 63696(U)
Decided on February 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M51155

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-11352

In the Matter of Samuel Khaykin, respondent,

v Nataliya Kanayeva, appellant.

(Docket No. V-07133-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to stay enforcement of an order of the Family Court, Kings County, dated November 22, 2006, pending hearing and determination of an appeal therefrom, motion by Michael D. Carlin, Esq., counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved from representing the appellant on the appeal, and motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of new counsel to prosecute the appeal.

Upon the papers filed in support of the motions, the papers filed in opposition to the motions of the appellant pro se, and no papers having been filed in opposition or relation to the motion of Michael D. Carlin, Esq., it is

ORDERED that the motion 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 the motion to stay enforcement of the order and the motion for leave to prosecute the appeal as a poor person and for the assignment of new counsel to prosecute the appeal are denied.

RIVERA, J.P., SPOLZINO, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court