Appellate Division: Second Judicial Department

M63998

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

DANIEL D. ANGIOLILLO, JJ.

2007-05196, 2007-06775, 2007-07602, 2007-11148 In the Matter of Harry Y. (Anonymous). Neal Yaros, et al., respondents-appellants; Laura Yaros-Greenberg, appellant-respondent; Brian Heitner, etc., et al., nonparty-respondents. (Appeal No. 1) In the Matter of Harry Y. (Anonymous). Neal Yaros, et al., respondents; Laura Yaros-Greenberg, appellant; Brian Heitner, etc., et al., nonparty-respondents. (Appeal Nos. 2, 3, 4) (Index No. 12049/04)

DECISION & ORDER ON MOTION

Motion by Kathleen C. Waterman, the attorney for Laura Yaros-Greenberg, for leave to withdraw as counsel on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated March 24, 2005, on an appeal and cross appeals from an order of the same court dated May 17, 2007, and on appeals from two orders of the same court dated June 21, 2007, and October 9, 2007, respectively, and to fix the amount due for an attorney's fee, disbursements, and expenses.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Kathleen C. Waterman, Esq., is relieved from representing Laura Yaros-Greenberg with respect to the instant appeal; and it is further,

ORDERED that on or before January 3, 2008, Kathleen C. Waterman, Esq., is directed to serve her 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 no further proceedings shall be taken against Laura Yaros-Greenberg, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,

ORDERED that on the court's own motion, Laura Yaros-Greenberg's time perfect the appeals from the orders dated May 17, 2007 (Appellate Division Docket No. 2007-05196), and June 21, 2007 (Appellate Division Docket No. 2007-06775), is enlarged until April 2, 2008; and it is further,

ORDERED that the branch of the motion which is to fix the amount due for an attorney's fee, disbursements, and expenses is denied without prejudice to seeking the same relief in the Supreme Court, Queens County.

SPOLZINO, J.P., FLORIO, SKELOS and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court