Matter of Sylvain v Paul
Motion No: 2008-03146
Slip Opinion No: 2008 NYSlipOp 77000(U)
Decided on July 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M72776

E/cb

DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-03146, 2008-03149

In the Matter of Nakita Sylvain, appellant,

v Ryan Paul, respondent.

(Proceeding No. 1)

In the Matter of Ryan Paul, respondent,

v Nakita Sylvain, appellant.

(Proceeding No. 2)

(Docket Nos. V-28622/02, V-9990/03)

DECISION & ORDER ON MOTION

Motion by the attorney for the appellant to be relieved, for the assignment of counsel to prosecute an appeal from two orders of the Family Court, Kings County, both dated March 12, 2008, for leave for the appellant to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.

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 branches of the motion which seeks 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 July 24, 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, and the appellant's a statement indicating that she is interested in pursuing the appeals; and it is further,

ORDERED that the branches of the motion which are to relieve counsel and to enlarge the time to perfect the appeal are held in abeyance in the interim.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court