| Walter v Walter |
| Motion No: 2007-07017 |
| Slip Opinion No: 2008 NYSlipOp 63946(U) |
| Decided on February 19, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M65069
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
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 Supreme Court, Westchester County, dated June 25, 2007. The motion for assignment of counsel was granted on October 19, 2007, and December 24, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:
Kenneth L. Bunting, Esq.
125 Dobbs Ferry Road
White Plains, New York 10607-2004
(914) 682-8837
Separate motion by the appellant, inter alia, in effect, to stay a hearing originally scheduled for January 17, 2008, in the above-entitled action pending hearing and determination of the appeal, and "to void [an order of the same court dated] December 19, 2007."
Upon the papers filed in support of the motions and the papers filed in opposition and relation thereto, it is
ORDERED that the motion by assigned counsel to be relieved 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 §§ 262 and 1120 and Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeal:
Peter H. Dailey, Esq.
468 Riverside Drive
New York, New York 10027
(212) 678-6238
and it is further,
ORDERED that the motion by the appellant pro se, inter alia, in effect, to stay a hearing scheduled for January 17, 2008, in the above-entitled action pending hearing and determination of the appeal, and "to void [an order of the same court dated] December 19, 2007", is granted to the extent that the hearing originally scheduled for January 17, 2008, is stayed pending hearing and determination of the appeal, and that motion is otherwise denied; 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.
PRUDENTI, P.J., MASTRO, FISHER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court