Appellate Division: Second Judicial Department

M63848

E/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2007-07017 Margarita Walter, appellant, v John Walter, respondent. (Index No. 01-17328)

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, Westchester County, dated June 25, 2007. The motion for assignment of counsel was granted on October 19, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Anne R. Mueller, Esq.

26 High Ridge Road

West Harrison, New York 10604

(914) 948-9864

Application by the appellant pro se to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the application, 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 Act § 1120, the following named attorney is assigned as counsel to prosecute the appeal:

Kenneth L. Bunting, Esq.

125 Dobbs Ferry Road

White Plains, New York 10607-2004

(914) 682-8837

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; and it is further,

ORDERED that the application is denied without prejudice to making a motion for the same relief.

PRUDENTI, P.J., CRANE, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court