Appellate Division: Second Judicial Department

M113881

J/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-01790 In the Matter of Grissel M. Sepulveda, appellant, v Benjamin Perez, respondent. (Docket Nos. O-11989-05, V-17007-01)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated December 30, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the Family Court, Queens County, dated January 28, 2010, and to assign new counsel, and to strike assigned counsel's brief. Applications by the respondent and the attorney for the child to enlarge the time to serve and file their respective briefs.

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

ORDERED that the motion is denied without prejudice to the appellant making a motion, on or before January 24, 2011, for leave to file a pro se supplemental brief, upon proper papers, including the appellant's affidavit setting forth the issues that will be raised in the pro se supplemental brief; and it is further,

ORDERED that the applications are granted and the respondent and the attorney for the child shall serve and file their respective briefs on or before February 9, 2011.

DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court