Appellate Division: Second Judicial Department

M50634

E/sl

ROBERT W. SCHMIDT, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-04362 Mortgage Electronic Registration Systems, Inc., respondent, v Petronilla Dominguez, a/k/a Petronlla Dominguez, et al., appellants, etc., et al., defendants. (Index No. 49881/02)

DECISION & ORDER ON MOTION

Joint motion by the appellant Alvin Mass, Esq., the attorney for the appellant Petronilla Dominguez, a/k/a Petronlla Dominguez, and Martin Evans, Esq., the attorney for the appellant Nidia Chavez, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated March 21, 2006.

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 branch of the motion which is for leave for Martin Evans, Esq., to withdraw as counsel for Nidia Chavez is granted, and Martin Evans, Esq., is relieved from representing the appellant Nidia Chavez with respect to the instant appeal; and it is further,

ORDERED that on or before February 27, 2007, Martin Evans, Esq., is directed to serve his client and her guardian ad litem, Fern J. Finkel, 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 Nidia Chavez, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,

ORDERED that the appellant Nidia Chavez's time to perfect the appeal is extended until April 10, 2007; and it is further,

ORDERED that the branch of the motion which is for leave for Alvin Mass, Esq., to withdraw as counsel for the appellant Petronilla Dominguez, a/k/a Petronlla Dominguez, is denied as academic in light of the death of Alvin Mass, Esq.; and it is further,

ORDERED that pursuant to CPLR 321, on or before April 10, 2007, the appellant Petronilla Dominguez, a/k/a Petronlla Dominguez, shall either (1) retain new counsel and provide the Clerk of this court with the name of retained counsel or (2) advise the Clerk of this court that she will proceed pro se; and it is further,

ORDERED that no further proceedings shall be taken against the appellant Petronilla Dominguez, a/k/a Petronlla Dominguez, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,

ORDERED that the Clerk of the court or his designee shall serve a copy of the decision and order on motion on the appellant Petronilla Dominguez, a/k/a Petronlla Dominguez.

SCHMIDT, J.P., RIVERA, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court