Appellate Division: Second Judicial Department

M59262

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STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

EDWARD D. CARNI, JJ.

2006-08703 In the Matter of Renee M. Kearse Smith, appellant, v Kalvin C. Vogt, respondent. (Docket No. V-02093-95)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Nassau County, dated July 21, 2006. The appellant's motion for assignment of counsel was granted on May 22, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Amy Colvin, Esq.

P.O. Box 2091

Halesite, New York 11743

Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is

ORDERED that the motion is granted, and said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court § 1120, the following named attorney is assigned as counsel to prosecute the appeal:

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court