Appellate Division: Second Judicial Department

M46694

S/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2006-02051 John Paggioli, appellant, v Poly Prep Country Day School, et al., respondents. (Index No. 11188/05)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated January 5, 2006. The appellant perfected his appeal on September 20, 2006. By stipulation dated October 24, 2006, the attorney for the appellant withdrew as counsel for the appellant and the appellant agreed to retain new counsel on or before November 20, 2006.

Now, on the court's own motion, it is

ORDERED that on or before November 20, 2006, the appellant shall advise the Clerk of this court in writing of the name and address of new counsel or that the appellant will proceed pro se; and it is further,

ORDERED that on or before December 8, 2006, the appellant's new counsel or the appellant shall advise this court that he is adopting the briefs previously filed by former counsel or that he wishes to file a supplemental brief; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until January 12, 2006, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion on the appellant and the attorney for the respondent.

FLORIO, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court