Appellate Division: Second Judicial Department

M120476

E/sl

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

ANITA R. FLORIO

JEFFREY A. COHEN, JJ.

2011-02869 In the Matter of Vernon I. Jones, respondent, v Jalene M. Pagan, appellant. (Docket Nos. V-8408/06, V-10622/07, V-34194/08, V-34195/08)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to stay enforcement of an order of the Family Court, Kings County, dated March 21, 2011, pending hearing and determination of the appeal, to be relieved, for poor person relief for the appellant, for the assignment of new counsel, and, in effect, for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated March 21, 2011, is denied; and it is further,

ORDERED that the branch of the motion which is to be relieved is granted; and it is further,

ORDERED that the branches of the motion which are for poor person relief for the appellant and for the assignment of new counsel are denied, with leave to renew on or before June 23, 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 it is further,

ORDERED that the branch of the motion which is, in effect, for a preference in the calendaring of the appeal is denied as unnecessary.

PRUDENTI, P.J., ANGIOLILLO, FLORIO and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court