Appellate Division: Second Judicial Department

M53207

S/sl

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. By decision and order on motion dated February 23, 2007, the branch of the motion which was to disqualify David M. Bushman, Esq., as counsel for the respondent was granted; on or before April 8, 2007, the respondent was directed to advise the court whether (1) she would retain new counsel or would proceed pro se, and (2) she would adopt the brief filed by David M. Bushman, Esq., or wished to file a new or supplemental brief, and the branch of the motion which was to enlarge time to serve and file the reply brief was held in abeyance in the interim. The respondent has advised the court that she will proceed pro se and adopt the brief filed by her former counsel.

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 enlarge the time to serve and file a reply brief is granted, the reply brief shall be served and filed on or before May 3, 2007.

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

ENTER:

James Edward Pelzer

Clerk of the Court