Appellate Division: Second Judicial Department

M64480

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ANITA R. FLORIO

MARK C. DILLON, JJ.

2006-05150 In the Matter of Darius Danzy, appellant, v Tamika Jones-Moore, et al., respondents. (Docket Nos. V-1092-06, V-1093-06, V-1631-06, V-1632-06, V-1090-06, V-1091-06)

DECISION & ORDER ON MOTION

Motion by Joseph R. Faraguna, Esq., counsel assigned to prosecute an appeal from an order of the Family Court, Suffolk County, dated April 27, 2006, to be relieved and for the assignment of new counsel to prosecute the appeal. Application by the appellant to impose a sanction upon Joseph R. Faraguna, Esq.

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 branch of the motion which is to be relieved is granted; and it is further,

ORDERED that the branch of the motion which is for the assignment of new counsel to prosecute the appeal is denied (see People v Sloane, 262 AD 2d 431; People v Gilchrist, 239 AD 2d 306); and it is further,

ORDERED that on the court's own motion, on or before February 29, 2008, the appellant must either (1) advise the court that he adopts assigned counsel's brief and will proceed with the appeal on the assigned counsel's brief and the supplemental pro se brief, (2) advise the court that he elects to strike assigned counsel's brief and will proceed with the appeal solely on the supplemental pro se brief, or (3) advise the court that he elects to strike assigned counsel's brief and the supplemental pro se brief and files a new brief on or before February 29, 2008; and it is further,

ORDERED that the application is denied.

RIVERA, J.P., FISHER, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court