| Matter of S. (Anonymous), Rachel E.; Suffolk County D |
| Motion No: 2008-01897 |
| Slip Opinion No: 2008 NYSlipOp 77427(U) |
| Decided on July 10, 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
M73004
E/sl
STEVEN W. FISHER, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
JOHN M. LEVENTHAL, JJ.
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2008-01897 In the Matter of Rachel E. S. (Anonymous). Suffolk County Department of Social Services, respondent; Debra A. S. (Anonymous), appellant. (Docket No. N-9581/07)
| DECISION & ORDER ON MOTION |
Motion by Joseph D. Mirabella, Esq., counsel assigned to represent the appellant in the Family Court, Suffolk County, to be relieved on an appeal from an order of the Family Court, Suffolk County, dated January 30, 2008, and application by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By decision and order on motion dated May 5, 2008, the application was denied with leave to the appellant to renew and the motion to relieve counsel was held in abeyance in the interim. Renewed motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion to be relieved and the papers filed in opposition thereto, and upon the papers filed in support of the renewed motion for leave to prosecute the appeal as a poor person and for the assignment of counsel and the papers filed in opposition thereto, it is
ORDERED that the motion to relieve counsel is granted, and Joseph D. Mirabella, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before July 24, 2008, Joseph D. Mirabella, Esq., is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that the appellant's renewed motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied; and it is further,
ORDERED that the matter is referred to the Clerk of the court for the issuance of a scheduling order pursuant to 22 NYCRR 670.4(a)(2).
FISHER, J.P., LIFSON, CARNI and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court