| Matter of M. (Anonymous), Anna; M. (Anonymous), Anita, |
| Motion No: 2011-01672 |
| Slip Opinion No: 2011 NY Slip Op 72073(U) |
| Decided on May 6, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M119550
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
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2011-01672 In the Matter of Anna M. (Anonymous). Adam W. M. (Anonymous), petitioner- respondent; Benjamin L. M. (Anonymous) III, appellant, et al., respondent. (Proceeding No. 1) In the Matter of Anita M. (Anonymous). Adam W. M. (Anonymous), petitioner- respondent; Benjamin L. M. (Anonymous) III, appellant, et al., respondent. (Proceeding No. 2) In the Matter of Abigail M. (Anonymous). Adam W. M. (Anonymous), petitioner- respondent; Benjamin L. M. (Anonymous) III, appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. G-4979/08, G-4980/08, G-4981/08)
| DECISION & ORDER ON MOTION |
Motion by Pascazi Law Offices, PLLC, attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Family Court, Dutchess County, dated January 3, 2011, for poor person relief for the appellant, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted; and it is further,
ORDERED that on or before May 19, 2011, Pascazi Law Offices, PLLC, is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,
ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied, with leave to renew on or before June 2, 2011, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and the amount and source of counsel fees paid to retained counsel which represented him in the Family Court, Dutchess County.
ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court