Matter of Zeis v Slater
Motion No: 2007-08682
Slip Opinion No: 2008 NYSlipOp 79892(U)
Decided on August 12, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M74383

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-08682

In the Matter of Richard Zeis, respondent,

v April Slater, appellant.

(Docket No. V-19235-05)

DECISION & ORDER ON MOTION

Appeal by April Slater from an order of the Family Court, Suffolk County, dated September 10, 2007. The appeal is fully perfected. By decision and order on motion of this court dated August 11, 2008, Bryan J. Holzberg, the attorney for the respondent was immediately suspended from the practice of law pending further order of this court.

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

ORDERED that the appeal is held in abeyance for thirty days and on or before September 12, 2008, pursuant to CPLR 321(c) the respondent is directed to retain new counsel to represent him on the appeal or advise the Clark of this court in writing that he will proceed pro se (see CPLR 321[a]); and it is further,

ORDERED that on or before September 26, 2008, respondent's new attorney or the respondent, if he decides to proceed pro se, 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 respondent does not comply with the above-stated directives the appeal will be calendared, the respondent will be deemed to be proceeding pro se and to have adopted the brief filed by former counsel; 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 the parties and their attorneys by regular mail; 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., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court