Appellate Division: Second Judicial Department

M43497

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-06328 In the Matter of Richard Simpson, appellant, v Beata Ptaszynska, respondent. (Docket Nos. V-28241/99, O-8738/03)

DECISION & ORDER ON MOTION

Motion by Howard Yagerman, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Family Court, Kings County, dated June 16, 2003.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the motion is granted, and Howard Yagerman is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before September 8, 2006, Howard Yagerman is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that on or before September 29, 2006, the appellant shall either (1) retain new counsel and provide the Clerk of this court with the name of retained counsel, (2) move for leave to prosecute the appeal as a poor person and for the assignment of counsel, or (3) advise the Clerk of this court that he will proceed pro se and that he adopts the brief filed by his former counsel or wishes to file a new brief.

SCHMIDT, J.P., SANTUCCI, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court