Appellate Division: Second Judicial Department

M59428

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

EDWARD D. CARNI, JJ.

2007-06098 In the Matter of Kiwana Kearse, appellant, v Administration for Children's Services, et al., respondents. (Docket No. V-09175-07)

DECISION & ORDER ON MOTION

Motion by Sally Simone Markowitz, Esq., counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated June 14, 2007, and to grant the appellant leave to prosecute the appeal 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 appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before October 29, 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 appeal; 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 October 29, 2007, the appeal 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 October 8, 2007, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court.

CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court