Matter of H. (Anonymous), Jesse Lee; H. (Anonymous),
Motion No: 2008-03510
Slip Opinion No: 2009 NYSlipOp 63101(U)
Decided on February 6, 2009
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

M82195

F/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-03510, 2008-04856

In the Matter of Jesse Lee H. (Anonymous).

Cheryl Joy Hanfling, petitioner-appellant,

Philip Hanfling, petitioner-respondent;

Mary B. Giordano, et al., respondents-

respondents.

(Index No. 28114/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated October 31, 2008, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by David A. Smith, Esq., 500 Old Country Road, Suite 109, Garden City, New York 11530, counsel assigned to represent Jesse Lee H. in a proceeding pursuant to Mental Hygiene Law article 81, to be relieved and to assign new counsel to represent Lesse Lee H. on appeals from two orders of the Supreme Court, Nassau County, dated March 13, 2008, and April 17, 2008, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition to or relation thereto, it is

ORDERED that the motion is granted and assigned counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that pursuant to statute (Judiciary Law § 35), the following named attorney is assigned as counsel to prosecute the appeals:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, New York 119630312

(631) 514-5547

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court