Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M255089

E/rr

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-07434 In the Matter of Jasiah T-V. S. J. (Anonymous), appellant. Administration for Children's Services, etc., petitioner-respondent; Joshua W. (Anonymous), respondent-respondent. (Docket No. N-33097-08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 5, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent-respondent's assigned counsel to be relieved on an appeal from an order of the Family Court, Kings County, dated June 23, 2017, and for the assignment of new 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 motion is granted and former assigned counsel is directed to turn over all papers in the matter to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, the following named attorney is assigned as counsel for the respondent-respondent to respond to the appeal:

Kenneth M. Tuccillo

591 Warburton Avenue, #576

Hasting on Hudson, NY 10706

914-439-4843

and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the respondent-respondent's time to serve and file a brief is enlarged until October 9, 2018, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court