Appellate Division: Second Judicial Department

M51165

E/nl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-10863 Janet T. Callaghan, respondent, v Gerard A. Callaghan, defendant; Curtis & Associates, P.C., nonparty-appellant. (Index No. 01-3094)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Westchester County, dated November 3, 2005, inter alia, to disqualify David M. Bushman, Esq., as counsel for the respondent, and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to disqualify David M. Bushman, Esq., as counsel for the respondent is granted, and David M. Bushman, Esq., is disqualified from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before March 9, 2007, David M. Bushman, Esq., 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 April 8, 2007, the respondent shall advise the court whether (1) she will retain new counsel or advise the court whether she will proceed pro se, and (2) whether she will adopt the brief filed by David M. Bushman, Esq., or wishes to file a new or supplemental brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is held in abeyance in the interim.

CRANE, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court