Appellate Division: Second Judicial Department

M65025

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-09143, 2007-09144, 2007-09145 In the Matter of Dominic Notartomaso, appellant, v Laura Moran, respondent. (Docket No. F-16440-04)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute appeals from one order of the Family Court, Suffolk County, dated September 21, 2007, and two orders of the same court both dated July 20, 2007, and to grant the appellant leave to prosecute the appeals as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before January 31, 2008, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before February 21, 2008, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.

RIVERA, J.P., LIFSON, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court