| Matter of S. (Anonymous), Nigere |
| Motion No: 2007-06662 |
| Slip Opinion No: 2007 NYSlipOp 78520(U) |
| Decided on September 19, 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. |
Appellate Division: Second Judicial Department
M60082
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
THOMAS A. DICKERSON, JJ.
|
2007-06662 In the Matter of Nigere S. (Anonymous), appellant. (Docket No. D-28042-06)
| DECISION & ORDER ON MOTION |
Motion by Robert E. Nicholson, Esq., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Family Court, Kings County, dated June 20, 2007, for the assignment of new counsel, in effect, for leave to the appellant to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.
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 branch of the motion which is for leave to withdraw as counsel is granted, and Robert E. Nicholson, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before October 4, 2007, Robert E. Nicholson, Esq., is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,
ORDERED that the branches of the motion which are for the assignment of new counsel to prosecute the appeal and, in effect, for leave to the appellant to prosecute the appeal as a poor person are denied with leave to renew upon proper papers on or before October 25, 2007; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the to the Clerk of this court for the issuance of a scheduling order pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).
MILLER, J.P., RITTER, GOLDSTEIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court