Appellate Division: Second Judicial Department

M53712

S/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-04547, 2006-05706 In the Matter of Mariya Basheva-Petrova, respondent, v Peter Petrov, appellant. (Docket Nos. V-14604-05, V-00007-06, V-00008-06) 2006-04548 Peter Petrov, appellant, v Mariya Basheva-Petrova, respondent. (Index No. 03184/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 18, 2006, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent for leave to defend appeals from two orders of the Supreme Court, Westchester County (IDV Part), dated April 6, 2006 (Appellate Division Docket No. 2006-04547), and May 8, 2006 (Appellate Division Docket No. 2006-05706), respectively, as a poor person and for the assignment of counsel, and separate motion by the respondent for leave to defend an appeal from an order of the same court dated April 25, 2006 (Appellate Division Docket No. 2006-04548), as a poor person and for the assignment of counsel. Motion by the appellant for leave to prosecute the appeals on the original papers and to consolidate the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent for leave to prosecute the appeals pending under Appellate Division Docket Numbers 2006-04547 and 2006-05706 as a poor person and for the assignment of counsel is denied as academic as those appeals have been withdrawn; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order pending under Appellate Division Docket Number 2006-04548 as a poor person and for the assignment of counsel is granted; and it is further,

ORDERED that pursuant to Family Court Act § § 262 and 1120 and Judiciary Law § 35 the following named attorney is assigned as counsel for the respondent to defend the appeal from the order dated April 25, 2006, pending under Appellate Division Docket Number 2006-04548:

Ann Gillece, Esq.

399 Knollwood Road - Suite 207

White Plains, New York 10603

914-761-0060

and it is further,

ORDERED that the branch of the motion by the appellant which is to prosecute the appeal from the order dated April 25, 2006, on the original papers is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file ten copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the motion by the appellant is otherwise denied as academic; and it is further,

ORDERED that the time of the respondent to serve and file a brief on the appeal from the order dated April 25, 2006 (Appellate Division Docket No. 2006-04548), is enlarged until June 1, 2007, and the respondent's brief shall be served and filed on or before that date.

MILLER, J.P., MASTRO, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court