| Cervera v Bressler |
| Motion No: 2008-11267 |
| Slip Opinion No: 2009 NYSlipOp 63648(U) |
| Decided on February 17, 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. |
Appellate Division: Second Judicial Department
M82527
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
|
2008-11267 Frank Cervera, appellant, v Rossanna Bressler, respondent. (Index No. 97-8683)
| DECISION & ORDER ON MOTION |
Motion by Faith G. Miller, Esq, attorney for the child, to be relieved from representing the child on an appeal from an order of the Supreme Court, Westchester County, entered December 2, 2008, for the assignment of counsel to represent the child on the appeal, and, in effect, to hold the appeal in abeyance pending assignment of appellate counsel. Cross motion by the appellant, inter alia, for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition and in relation to the motion, and the papers filed in opposition to the cross motion, thereto, it is
ORDERED that the branch of the motion which is to be relieved from representing the child on the appeal from the order entered December 2, 2008, and for the assignment of counsel to represent the child on the appeal is denied without prejudice to making a motion for the same relief in the Supreme Court, Westchester County, on or before March 3, 2009; and it is further,
ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance pending assignment of appellate counsel is denied; and it is further,
ORDERED that the time of the attorney for the child to serve and file a brief is enlarged until April 3, 2009, and the brief of the attorney for the child must be served and filed on or before that date; and it is further,
ORDERED that the branch of the cross motion which is for a preference in the calendaring of the appeal is denied as unnecessary as a preference was granted by decision and order on motion of this court dated January 23, 2009; and it is further,
ORDERED that the cross motion is otherwise denied.
FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court