Appellate Division: Second Judicial Department

M83487

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

RANDALL T. ENG, JJ.

2008-10298 In the Matter of York Morgan, appellant, v Keisha Taylor, respondent. (Docket No. F-29476/05)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel on an appeal from an order of the Family Court, Kings County, dated October 8, 2008, and for the assignment of new counsel, and for leave to prosecute the appeal as a poor person.

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 branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the branch of the motion which is to relieve counsel is granted; and it is further,

ORDERED that the branches of the motion which are for the assignment of new counsel, to waive the filing fee, and for free transcripts are denied.

MASTRO, J.P., SKELOS, DILLON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court