Appellate Division: Second Judicial Department

M116067

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-09410 In the Matter of Amaru M. (Anonymous). MercyFirst, appellant; Kizwana M. (Anonymous), respondent-respondent, et al., respondent. (Docket No. B-13891/08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its order on certification dated December 3, 2010, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Appeal by MercyFirst from an order of the Family Court, Kings County, dated August 2, 2010. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Gerald P. Nolan, Esq., dated October 17, 2010, it is

ORDERED that the respondent Kizwana M. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to respond to the appeal:

Matthew M. Lupoli, Esq.

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent Kizwana M. at the address provided by the Court, and on or before March 11, 2011, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the respondent Kizwana M. is interested in responding to the appeal, or

(2) the respondent Kizwana M. is not interested in responding to the appeal, or that he has been unable to contact the respondent Kizwana M., and wishes to be relieved of the assignment.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.