Appellate Division: Second Judicial Department

M132060

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2011-07940 In the Matter of Ethan Jacobs, appellant, v Stephanie Young, respondent. (Docket Nos. V-37482-07, V-37549-08)

DECISION & ORDER ON MOTION

Motion by the Steven P. Forbes to withdraw as counsel for the appellant on an appeal from an order of the Family Court, Kings County, dated August 10, 2011. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion by Steven P. Forbes is granted, and on or before February 7, 2012, Steven P. Forbes shall serve his 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 branch of the motion which is to enlarge the time to serve and file a brief is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 9, 2012; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied, with leave to renew 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 appellate counsel and Family Court counsel, as well as funds to purchase the hearing transcript.

RIVERA, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court