| Matter of Elbakri v Farag |
| Motion No: 2008-11448 |
| Slip Opinion No: 2009 NY Slip Op 85199(U) |
| Decided on October 6, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M92834
S/sl
HOWARD MILLER, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2008-11448 In the Matter of Azza Mohammed Elbakri, appellant, v Nader M. Farag, respondent. (Docket No. V-37649/06)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 9, 2009, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Elaine McKnight, Esq., counsel assigned to represent the respondent by Family Court, Kings County, for leave to withdraw as counsel on an appeal from an order of the Family Court, Kings County, dated December 3, 2008, and, in effect, to hold the appeal in abeyance to allow the respondent to obtain new counsel.
Upon the papers filed in support of the motion and no papers having been filed in relation or in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Elaine McKnight, Esq., is relieved from representing the respondent with respect to the instant appeal; and it is further,
ORDERED that on or before October 16, 2009, Elaine McKnight, Esq., is directed to serve her client by one of the methods specified in CPLR 2103(c), at his last known address, 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 the branch of the motion which, in effect, to hold the appeal in abeyance is granted to the extent that no further proceedings shall be taken against the respondent, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion, and that branch of the motion is otherwise denied; and it is further,
ORDERED that on or before November 27, 2009, the respondent must serve and file a brief and his time to do so is enlarged accordingly, seek an enlargement of time to serve and file a brief, or make a motion for the assignment of counsel or retain counsel and notify the court.
MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court