Appellate Division: Second Judicial Department

M35979

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-02543 Tobie O'Connor, respondent-appellant, v Mark S. O'Connor, appellant-respondent. (Index No. 01-204389)

DECISION & ORDER ON MOTION

Motion by Dominic S. Barbara, the attorney for the appellant-respondent, for leave to withdraw as counsel on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated January 25, 2005.

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

ORDERED that the motion is granted, and Dominic S. Barbara is relieved from representing the appellant-respondent with respect to the instant appeal; and it is further,

ORDERED that on the court's own motion the appellant-respondent is directed to show cause before this court why an order should or should not be made and entered dismissing his appeal on the ground that he has abandoned the appeal by filing an affidavit on that issue with the Clerk of this court on or before March 24, 2006; and it is further,

ORDERED that on or before February 24, 2006, Dominic S. Barbara is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant-respondent, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order.

ADAMS, J.P., RITTER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court