Appellate Division: Second Judicial Department

M46487

S/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10648 Samuel I. Glass, etc., respondent, v Marianne Gold, etc., et al., defendants, Daniel R. Gold, appellant. (Index No. 28898-03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered September 19, 2005. By letter received by the Clerk of this court on August 18, 2006, the parties were advised that the attorney for the appellant had suffered a stroke and was incapacitated. By letter dated October 24, 2006, the physician attending the attorney for the appellant advised the court that the attorney would be under a disability for at least six to nine months.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the above-referenced correspondence, it is

ORDERED that the motion for an enlargement of time is denied without prejudice to renewal in accordance herewith; and it is further,

ORDERED that pursuant to CPLR 321(c), on or before December 8, 2006, the appellant is directed to either (1) obtain new counsel to prosecute the appeal, or (2) advise this court in writing that he will proceed pro se; and it is further,

ORDERED that (1) if the appellant retains new counsel, on or before December 22, 2006, counsel shall either perfect the appeal or move to enlarge the time to perfect the appeal, or (2) if the appellant proceeds pro se, on or before December 22, 2006, the appellant shall perfect the appeal or move to enlarge his time to perfect the appeal; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order on the attorneys for the parties and on the appellant by regular mail; and it is further,

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

MASTRO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court