Appellate Division: Second Judicial Department

M65104

S/sl

A. GAIL PRUDENTI, P.J.

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. In her affirmation in support of the motion assigned counsel indicated that the respondent had instructed her not to file a brief on the appeal. By decision and order on motion dated October 9, 2007, the branch of the motion which seeks assignment of new counsel to represent the respondent was denied with leave to renew, on or before November 13, 2007, upon the submission of proper papers establishing that the respondent is entitled to assignment of counsel and indicating that he is interested in submitting a brief, and the branch of the motion which was to relieve counsel was held in abeyance in the interim. The respondent has not moved for the assignment of new counsel.

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

ORDERED that the branch of the motion which is to relieve assigned counsel for the respondent is granted and assigned counsel is relieved from representing the respondent on this appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court