Appellate Division: Second Judicial Department

M96073

S/sl

2009-01014 In the Matter of Mary Kathryn Kane, respondent, v Jeffrey T. Kane, appellant. (Docket No. V-15245-06)

ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Family Court, Suffolk County, dated December 24, 2008, to enlarge the time to comply with a decision and order on motion of this court dated November 12, 2009, which directed him to obtain a new attorney.

ORDERED that the application is granted and the appellant's time to comply with the decision and order on motion of this court dated November 12, 2009, is enlarged until January 8, 2010, and on or before that date, 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 February 26, 2010, 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.

ENTER:

James Edward Pelzer

Clerk of the Court