Appellate Division: Second Judicial Department

M65827

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-11012 In the Matter of Dawn Miller, appellant, v Richard Porter, respondent. (Docket Nos. V-2442/04, V-2443/04)

DECISION & ORDER ON MOTION

Motion by the attorney for the appellant to be relieved, for the assignment of counsel to prosecute an appeal from an order of the Family Court, Dutchess County, dated October 30, 2007, and for leave for the appellant to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before March 7, 2008, upon the submission of proper papers establishing that she is entitled to poor person relief and the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, as well as a statement whether trial counsel was assigned or retained and, if retained, the amount and source of counsel fees paid to retained counsel; and it is further,

ORDERED that the branch of the motion which is to relieve counsel is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion upon the appellant and the parties' attorneys by regular mail.

SPOLZINO, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court