Marcone v Marcone
Motion No: 2017-02954
Slip Opinion No: 2018 NY Slip Op 89949(U)
Decided on December 3, 2018
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257862

SL/

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-02954

Lorraine Marcone, appellant,

v Joseph Marcone, respondent.

(Index No. 9081/12)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2017, to be relieved of the assignment to prosecute the appeal with respect to issues of custody and visitation, on the ground that the subject children are over the age of 18 and the issues of custody and visitation have been rendered academic. The appellant's motion for poor person relief and the assignment of counsel with respect to issues of custody and visitation was granted on August 23, 2018, and the following named attorney was assigned as counsel with respect to issues of custody and visitation:

Susan A. DeNatale

982 Montauk Highway, Suite 6

Bayport, NY 11705

631-772-1246

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

ORDERED that the motion is granted, and Susan A. DeNatale is relieved as counsel for the appellant with respect to issues of custody and visitation on the appeal; and it is further,

ORDERED that Susan A. DeNatale is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken and to turn over all papers in this matter to the Clerk of this Court.

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court