Appellate Division: Second Judicial Department

M199374

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-01595 In the Matter of Dulce P. (Anonymous), petitioner- respondent, v Manuel M. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Manuel M. (Anonymous), appellant, v Dulce P. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. P-8995-14, P-1921-14, P-10369-14)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved on an appeal from an order of the Family Court, Queens County, dated January 26, 2015. By order on certification of this Court dated May 29, 2015, the appellant was granted poor person relief and the following named attorney is assigned as counsel to prosecute the appeal:

Toba Beth Stutz, Esq.

90-50 Parsons Boulevard, Suite 203

Jamaica, N.Y. 11432

718-526-7976

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 motion is granted, former assigned counsel is directed to turn over all papers and transcripts in her possession to the Clerk of the Court, and on or before October 16, 2015, Toba Beth Stutz shall serve her 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 on or before November 16, 2015, the appellant shall either advise the Court, in writing of the name and address of retained counsel, or move for the assignment of counsel.

DILLON, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court