Appellate Division: Second Judicial Department

M80967

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-05137 In the Matter of Michael J. O'Connor, o/b/o Tanya Daley and Alex Daley, appellant, v Winfred Rose, et al., respondents. (Docket Nos. V-5651-06, V-5652-06)

DECISION & ORDER ON MOTION

Motion by the attorney assigned to represent the appellant on an appeal from an order of the Family Court, Dutchess County, dated March 26, 2008, to be relieved and for the assignment of new counsel.

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 Michael J. O'Connor, Esq., 99 Cannon Street, Poughkeepsie, N.Y. 12601, is directed to turn over all papers in the action to the new attorney herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned to represent the appellant:

Carol Kahn, Esq.

225 Broadway, Suite 1510

New York, New York 10007

(212) 227-0206

and it is further,

ORDERED that on or before February 13, 2009, assigned counsel shall (1) advise the court whether he or she adopts the brief filed by former counsel, (2) serve and file a supplemental brief raising any additional issues, or (3) serve and file a replacement brief; 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.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court