Matter of E. (Anonymous), Isaiah; SCO Family of Services
Motion No: 2006-10760 +1
Slip Opinion No: 2007 NYSlipOp 63844(U)
Decided on February 26, 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

M51325

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-10760, 2006-10762

In the Matter of Isaiah E. (Anonymous).

SCO Family of Services, petitioner-respondent;

Steve P. (Anonymous), appellant, et al., respondent.

(Proceeding No. 1)

In the Matter of Ismael E. (Anonymous).

SCO Family of Services, petitioner-respondent;

Steve P. (Anonymous), appellant, et al., respondent.

(Proceeding No. 2)

(Docket Nos. B-1687/04, B-1688/04)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Richmond County, both dated October 24, 2006, and to grant the appellant leave to prosecute the appeals 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 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 April 7, 2007, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals; and it is further,

ORDERED that the branch of the motion which is to relieve counsel is held in abeyance in the interim; and it is further,

ORDERED that in the event that the appellant does not renew her motion for poor person relief by April 7, 2007, the appeals will be dismissed; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before March 14, 2007, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court.

MASTRO, J.P., FLORIO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court