Appellate Division: Second Judicial Department

M47620

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2006-00855 P&N Tiffany Properties, Inc., appellant, v Village of Tuckahoe, respondent, et al., defendants. (Index No. 04-13557)

DECISION & ORDER ON MOTION

Appeal by P&N Tiffany Properties, Inc., from an order of the Supreme Court, Westchester County, dated December 9, 2005. The appeal is fully perfected. By opinion and order of this court dated November 21, 2006, Vivian L. Hausch the attorney for the appellant was suspended from the practice of law for a period of six months commencing December 21, 2006.

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

ORDERED that pursuant to CPLR 321(c) the appellant is directed to retain new counsel to represent it on the appeal on or before January 19, 2007 (see CPLR 321[a]); and it is further,

ORDERED that on or before February 23, 2007, appellant's new attorney shall advise the Clerk of this court, in writing, whether he or she will adopt the brief filed by former counsel or wishes to file a new or supplemental brief; and it is further,

ORDERED that in the event that the appellant does not comply with the above-stated directives the appeal will be dismissed; 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 Vivian L. Hausch and the attorneys for the respondents; and it is further,

ORDERED that on or before December 15, 2006, Vivian L. Hausch shall serve a copy of this decision and order on motion on her client by one of the methods specified in CPLR 2103(c), 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 without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion.

PRUDENTI, P.J., FLORIO, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court