Appellate Division: Second Judicial Department

M89850

S/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL, JJ.

2009-01739 In the Matter of David Mandelowitz, respondent, v Adella Bodden, appellant. (Docket No. F-7216-04)

DECISION & ORDER ON MOTION

ORDERED that on the court's own motion, it is

ORDERED that the decision and order on motion of this court dated July 16, 2009, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated January 6, 2009, as a poor person and for the assignment of counsel, and to enlarge the record on appeal.

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

ORDERED that the branch of the motion which is for leave to defend the appeal as a poor persona and for the assignment of counsel is granted; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:

Lisa Lewis, Esq.

144 N. 7th Street, PMB 428

Brooklyn, New York 11211

(718) 857-0247

and it is further,

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

ORDERED that the motion is otherwise denied.

FISHER, J.P., MILLER, ANGIOLILLO and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court