Murphy v Diem, a/k/a Murphy
Motion No: 2009-05525
Slip Opinion No: 2009 NY Slip Op 92526(U)
Decided on December 28, 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

M96524

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-05525

John W. Murphy, appellant, v Lisa M. Diem,

a/k/a Lisa Murphy, respondent.

(Index No. 20843-06)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to relieve counsel assigned by the Supreme Court, Suffolk County, and for the assignment of new counsel on an appeal from an order of the Supreme Court, Suffolk County, dated April 17, 2009, for poor person relief, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to Family Court Act § 262 and 1120 and Judiciary Law § 35 the following named attorney is assigned as counsel for the respondent to defend the appeal:

Donna England, Esq.

2556 Middle Country Road

Centereach, New York 11720

(631) 588-0250

and it is further,

ORDERED that counsel in the Supreme 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 respondent's time to serve and file a brief is enlarged and the respondent shall serve and file a brief on or before January 29, 2010.

BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court