SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FOURTH DEPARTMENT In the Matter of AFFIRMATION IN SUPPORT OF MOTION TO WITHDRAW A Person Alleged To Be A Juvenile Delinquent, Docket No. CAF Docket No. CAF Appellant. , does hereby Affirm under penalty of perjury: 1. That I am an attorney duly licensed to practice law in all Courts of the State of New York and that I maintain an office at 2. That on or about _____________ I was appointed to serve as the Law Guardian by the Appellate Division for _____________________ concerning the above referenced matters [or state filed notice of appeal]. Attached hereto and made part hereof are true and correct copies of the Notices of Appeal filed 3. That the matters before the Court concern the appeal of from County Family Court entered on wherein the Respondent was adjudicated under Article 3 of the Family Court Act as a Juvenile Delinquent and, as a result thereof, was subsequently . Attached hereto and made part hereof are true and correct copies of said Orders. 4. That I have reviewed the relevant transcripts, record, exhibits and related documents regarding this case. 5. , both by telephone and That I have been in contact with my client, correspondence and have advised and counseled her, as well as providing opinions to her regarding these appeals. I have also provided her with advice and counsel regarding the dispositional orders as well as to the possibility of extension of placement proceedings which could be filed against her by either the Presentment Agency or the N.Y. S. Office for Children & Family Services. 6. That I have corresponded with my client regarding her position, as well as providing options and analysis regarding the issues, facts, law and related matters with her on . In addition, telephone contact occurred on/I attempted to contact Respondent by telephone on 7. That I have been advised by my client, Respondent , that she does not want to 2002 © American LegalNet, Inc. pursue the appeals herein. Respondent has directed me to discontinue the appellate process. [That despite my attempts to contact Respondent, s/he has failed to respond to my letters or telephone calls.] 8. That I have explained to Respondent the need for a signed and sworn statement from her formally withdrawing her appeals. That notwithstanding the Respondent being provided with an Affidavit, together with instructions as to how it must be notarized and with Respondent being provided with enclosed self addressed pre-paid postage envelopes to the Law Guardian, such affidavit(s) have not been returned to me; however, Respondent has nevertheless directed me even after receipt of the affidavits to discontinue the appeals. 9. That I believe as Respondent*s Law Guardian that her comments and course of conduct indicate that she clearly does not wish to pursue the appeals and, accordingly, has demonstrated an intent to abandon the filed appeals herein. 10. discussing the current motion and That I have sent Respondent a letter dated have advised her of the possible consequences regarding the motion if granted by the Court. Attached hereto and made part hereof is a true and correct copy of the letter. 11.. That in view of Respondent*s decision and directive to me regarding discontinuing these appeals, I request that I be permitted to withdraw as her Law Guardian and be relieved of any further obligation and duty to Respondent within these matter. 12. That a copy of the motion is being provided to Respondent and the Presentment Agency. Wherefore, the Law Guardian requests an Order permitting him/her to withdraw as legal counsel for Respondent within the appeals and thereby relieving the undersigned from any and all additional responsibility to Respondent. Respectfully Submitted, Dated: cc: , , Respondent County Attorney 2002 © American LegalNet, Inc.