In the Matter of a Proceeding for Support Under Article 4 of the Family Court Act. Rita F. H.

Motion No: M-1418

Slip Opinion No: 2018 NYSlipOp 75395(U)

Decided on June 19, 2018

Appellate Division, First 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.

June 19, 2018

In the Matter of a Proceeding for

Support Under Article 4 of the

Family Court Act.

- - - - - - - - - - - - - - -CONFIDENTIAL

Rita F. H., Petitioner-Respondent-Appellant, Docket No. F-2657-93/10E

v

Jesse M. H.,

Respondent-Appellant-Respondent.

- - - - - - - - - - - - - - -

In the Matter of a Proceeding for

Support Under Article 4 of the

Family Court Act.

- - - - - - - - - - - - - - -Docket Nos. F-2657-93/11G

Jesse M. H.,F-2657-93/11F

Petitioner-Appellant-Respondent,

v

Rita F. H.,

Respondent-Respondent-Appellant.

An order of this Court having been entered on January 19, 2017 (M-5319) granting, inter alia, respondent-appellant-respondent/petitioner-appellant-respondent Jesse M. H.'s motion for leave to prosecute the appeals from orders of the Family Court, New York County, entered on or about October 27, 2015 and January 4, 2016 as a poor person, consolidating the appeals, and assigning Carol L. Kahn, Esq., as counsel to prosecute the consolidated appeals, And an order of this Court having been entered on April 13, 2017 (M-1179) granting, inter alia, an enlargement of time to perfect the appeals from the orders entered on or about October 27, 2015 and January 4, 2016, consolidating said appeals with appeals taken by Jesse M. H. from orders entered on or about January 6, 2017, February 9, 2016 and March 29, 2016, and assigning Carol Kahn, Esq., to prosecute the consolidated appeals on Jesse M. H.'s behalf, And an order of this Court having been entered on July 25, 2017 (M-2696), granting, inter alia, Rita F. H. leave to respond to the appeals from the orders entered on or about October 27, 2015, January 4, 2016, February 9, 2016, March 29, 2016, January 6, 2017 and February 10, 2017 as a poor person, and assigning counsel therefor,And a decision and order of this Court having been entered on February 22, 2018 (Appeal Nos. 5800-5805), unanimously affirming the order of the Family Court, New York County (Jane Pearl, J.), entered on or about January 4, 2016, And an order of this Court having been entered on March 6, 2018 (M-187), inter alia, denying Jesse M. H.'s motion for leave to prosecute the appeals from the order of the Family Court, New York County, entered on or about November 29, 2017 and the order of a Support Magistrate entered on or about September 13, 2017, And Carol L. Kahn, Esq., assigned counsel for petitioner/ respondent-appellant Jesse M. H., having moved to be relieved as appellate counsel on the appeals decided by the decision and order of this Court, entered on February 22, 2018 (Appeal Nos. 5800-5805), for the assignment of new counsel for purposes of determining whether permission should be sought to appeal to the Court of Appeals, to make such motion if warranted, and extending Jesse M. H.'s time to seek leave to appeal until thirty days after the assignment of new counsel, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of relieving Carol L. Kahn, Esq., as counsel on the appeal decided by the decision and order of this Court entered on February 22, 2018 (Appeal Nos. 5800-5805), and it is further, Ordered that, sua sponte, Carol L. Kahn, Esq. is also relieved as counsel insofar as she was appointed on appeals from the orders entered on or about February 9, 2016, March 29, 2016 and January 6, 2017, and on the appeal by Jesse M. H. from an order entered on or about February 10, 2017. The orders of this Court entered on April 13, 2017 (M-1179) and July 25, 2017

(M-2696) are vacated insofar as those orders granted poor person relief and assigned Carol L. Kahn, Esq. as counsel to represent Jesse M. H. on those appeals. The motion is otherwise denied.ENTERED: June 19, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Marcy L. Kahn Anil C. Singh Peter H. Moulton,Justices

M-1418