Appellate Division: Second Judicial Department

M76211

M/cb

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-07652 In the Matter of Shawn Smith, appellant, v Teresa Roberts, respondent. (Docket No. V-22578-06)

ORDER ON CERTIFICATION

ORDERED that the order is certification of this court dated September 22, 2008, is recalld and vacated and the following is substituted therefor:

Appeal by Shawn Smith from an order of the Family Court, Queens County, dated July 24, 2008. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Susan Gerner, Esq., dated August 29, 2008, it is

ORDERED that the respondent is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to respond to the appeals:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent, at the address provided by the court, and shall notify the Case Manager assigned to the appeals on or before October 15, 2008, in writing, that he has done so and that either

(1) the respondent is interested in responding to the appeals, or

(2) the respondent is not interested in responding to the appeals, or that he has been unable to contact the respondent, and wishes to be relieved of the assignment.

LIFSON, J.P., FLORIO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.