Appellate Division: Second Judicial Department

M91236

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2008-07839 In the Matter of Theodore T. (Anonymous), respondent. Charles T. (Anonymous), appellant; Rene Myatt, et al., nonparty-respondents. (Index No. 100060/08)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent Theodore T. in the Supreme Court, Kings County, to be relieved on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 15, 2008, and for the assignment of new counsel. Cross motion by retained counsel for Theodore T. to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to relieve counsel assigned to represent Theodore T. by the Supreme Court, Kings County, is granted, and Kimberly L. Detherage, 32 Court Street, Suite 707, Brooklyn, New York 11201, is relieved and said assigned counsel is directed to turn over all papers in the action to retained counsel for Theodore T.; and it is further,

ORDERED that the branch of the motion which is for the assignment of new counsel is denied as academic as Theodore T. has retained an attorney; and it is further,

ORDERED that the cross motion is granted, the time of Theodore T. to serve and file a brief is enlarged until September 29, 2009, and the brief of Theodore T. must be served and filed on or before that date.

SKELOS, J.P., FLORIO, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court