Appellate Division: Second Judicial Department

M131936

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2011-05591 In the Matter of Peter L. F. M. (Anonymous). Seamen's Society for Children and Families, et al., petitioners-respondents; Peter M. and Joanne F. (Anonymous), appellants. (Docket No. B-4746/09)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant Joanne F. in Family Court to be relieved and for the assignment of new counsel to represent the appellant Joanne F. on appeals from an order of the Family Court, Richmond County, dated May 9, 2011, and for poor person relief for the appellant Joanne F. Cross motion by the attorney for the child to dismiss the appeal by the appellant Joanne F. as abandoned.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the cross 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 is denied as unnecessary as counsel's assignment to represent the appellant Joanne F. does not continue on the appeals (see Family Ct Act § 1120; 22 NYCRR 671.10); and it is further,

ORDERED that the branches of the motion which are for the assignment of counsel and for poor person relief are denied with leave to renew on or before February 17, 2012, upon proper papers, including an affidavit by the appellant Joanne F. setting forth her 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 cross motion is denied.

DILLON, J.P., LEVENTHAL, BELEN and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court