Appellate Division: Second Judicial Department

M76308

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-05005 In the Matter of Eric L. Ellenhorn, respondent v Vanita Ellenhorn, appellant. (Docket No. V-9025-06)

DECISION & ORDER ON MOTION

Motion by Dominic Barbara, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from an order of the Family Court, Suffolk County, dated February 29, 2008. By order on certification dated June 11, 2008, the following named attorney was assigned as counsel to prosecute the appeal:

Joseph Hanshe, Esq.

116 Greene Avenue

Sayville, New York 11782

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and the following retained counsel is substituted for assigned counsel:

Dominic Barbara, Esq.

1100 Stewart Avenue

Garden City, New York 11530

and it is further,

ORDERED that on the court's own motion, so much of its order on certification dated June 11, 2008, as granted that branch of the appellant's motion which was for leave to prosecute the appeal as a poor person, is recalled and vacated and that branch of the motion is denied; and it is further,

ORDERED that assigned counsel is directed to turn over all papers in the action, including any transcripts he may have obtained, to the Clerk of this court.

SKELOS, J.P., FISHER, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court