Matter of Kane v Kane
Motion No: 2009-01014
Slip Opinion No: 2009 NY Slip Op 88461(U)
Decided on November 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M94322

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-01014

In the Matter of Mary Kathryn Kane, respondent,

v Jeffrey T. Kane, appellant.

(Docket No. V-15245-06)

DECISION & ORDER ON MOTION

Appeal by Jeffrey T. Kane from an order of the Family Court, Suffolk County, dated December 24, 2008. The appeal is perfected. By decision and order on motion of this court dated November 9, 2009, Martin K. Lang, the attorney for the appellant 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 December 9, 2009, pursuant to CPLR 321(c) the appellant is directed to retain new counsel to represent him on the appeal or advise the Clerk of this court in writing that he will proceed pro se (see CPLR 321[a]); and it is further,

ORDERED that on or before December 30, 2009, appellant's new attorney or the appellant, 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 if the appellant adopts the brief filed by former counsel whether he wishes to file a reply brief; and it is further,

ORDERED that in the event that the appellant does not comply with the above-stated directives the appeal will be calendared, the appellant 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 him of a copy of this decision and order on motion.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court