Matter of Irizarry v Irizarry
Motion No: 2011-05222
Slip Opinion No: 2011 NY Slip Op 82043(U)
Decided on August 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M124929

V/

MARK C. DILLON, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-05222

In the Matter of Dawn Irizarry, respondent,

v Alcides Andrew Irizarry, appellant.

(Index No. F-4140-10)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant by the Family Court, Richmond County, to be relieved on an appeal from an order of the Family Court, Richmond County, dated May 10, 2011, for poor person relief, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to be relieved of the assignment is denied as unnecessary, as the representation does not continue on the appeal (see Family Ct Act § 1120[a]); and it is further,

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel is denied, with leave to renew on or before September 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.

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court