Opinion
Motion No: M-3482
10-01-2019
In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act. Dawn S., Petitioner-Appellant, Docket Nos. V-510-13 V-510-13/15A v. V-510-13/16B V-19184-13/16A Michael L. Y., V-32171-13/16A Respondent-Respondent. In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act. Michael L. Y.,CONFIDENTIAL Petitioner-Appellant, Docket Nos. V-19184-13 V-32171-13 v. Dawn S., Respondent-Respondent.
Carmen Restivo, Esq., Attorney for the Children.
CONFIDENTIAL
Carmen Restivo, Esq., Attorney for the Children.
An appeal having been taken to this Court by petitioner-appellant/respondent-respondent mother from the order of the Family Court, New York County, entered on or about May 24, 2018, which granted the father sole custody of the subject children,And an order of this Court having been entered on
February 10, 2019 (M-6645), inter alia, granting petitioner-appellant/respondent-respondent mother leave to prosecute the aforesaid appeal as a poor person, as well as leave to respond the appeal taken by movant father, and assigning Randall S. Carmel, Esq., as counsel to prosecute the appeal, And an order of the Family Court, New York County, having been entered on or about May 15, 2019, in which the Court, after reviewing petitioner-appellant/respondent-respondent mother's 2018 tax return and a financial disclosure affidavit, noted that her income "far exceeds the maximum income... to qualif[y] for free court-appointed counsel" and, as a result, denied the mother's application for free court-appointed counsel due to her ineligibility,And respondent-respondent/petitioner-appellant father having moved, by assigned counsel, to relieve the assigned appellate counsel afforded to petitioner-appellant/respondent-respondent mother by this Court, 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, and assigned counsel Randall S. Carmel, Esq., is relieved as counsel on her appeal, as well as on respondent-respondent/petitioner-appellant father's appeal.
ENTERED: October 1, 2019
__________ CLERK
Present - Hon. Judith J. Gische,Justice Presiding, Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices
M-3482