Appellate Division: Second Judicial Department

M61085

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-09227 In the Matter of K. F. T. (Anonymous), respondent, v D. P. G. (Anonymous), appellant. (Docket No. V-00469-06)

DECISION & ORDER ON MOTION

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 October 13, 2006. By decision and order of this court, dated February 15, 2007, upon certification, assignment of counsel was granted, and the following named attorney was assigned as counsel to prosecute the appeal:

Kent V. Moston, Esq.

Legal Aid Society of Nassau County

One Helen Keller Way

Hempstead, New York 11550

(516) 565-6400

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

ORDERED that on the court's own motion, the notice of appeal from a decision of the Family Court, Nassau County, dated September 8, 2006, is deemed to be a premature notice of appeal from the order (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted, and Kent V. Moston, Esq., 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 Act § 1120, the following named attorney is assigned as counsel to prosecute the appeal:

Ann Serby, Esq.

165 West Olive Street

Long Beach, New York 11561

(516) 432-4022

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 (see 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.

PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court