Appellate Division: Second Judicial Department

M266283

kbp/

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-13359 In the Matter of Justyn H. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Laverne H. (Anonymous), respondent-appellant. (Docket No. N-5271-17)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Westchester County, dated September 12, 2018, and for the assignment of new counsel. By order on certification of this Court dated January 23, 2019, the appellant was granted poor person relief, and the following named attorney was assigned as counsel to prosecute the appeal:

Maria Joy Frank

2648 Windmill Drive

Yorktown, Heights, NY 10598

914-962-5802

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

ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Peter D. Herger

399 Knollwood Rd., Ste. 204

White Plains, NY 10603

914-325-9179

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SCHEINKMAN, P.J., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court