Appellate Division: Second Judicial Department

M60777

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-00402 In the Matter of Joseph Gatke, respondent, v Tanya Johnson, appellant. (Docket No. V-14457-03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the respondent in a proceeding before the Family Court, Nassau County, to be relieved and for the assignment of new counsel to defend an appeal from an order of the Family Court, Nassau County, dated November 29, 2006.

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 seeks assignment of new counsel to represent the respondent is denied with leave to renew, on or before November 13, 2007, upon the submission of proper papers establishing that she is entitled to assignment of counsel and indicating that she is interested in submitting a brief; 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 counsel shall serve a copy of this decision and order on motion upon the respondent on or before October 23, 2007, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court