Appellate Division: Second Judicial Department

M72649

S/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A DICKERSON

ARIEL E. BELEN, JJ.

2008-04210 In the Matter of Vera Rudolph, appellant- respondent, v Larry Armstead, respondent- appellant. (Docket No. V-6485-05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 25, 2008, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the counsel assigned to represent the respondent-appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to represent the respondent appellant on an appeal from an amended order of the Family Court, Orange County, dated April 14, 2008.

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 motion is granted and the counsel assigned by the Family Court is relieved from representing the respondent-appellant on the appeal; and it is further,

ORDERED that 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 § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

(212) 876-8335

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.

RIVERA, J.P., FLORIO, DICKERSON, and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court