Appellate Division: Second Judicial Department

M96166

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2008-04884 Sharon Celia Polsky, appellant, v Scott Tuckman, et al., respondents. (Index No. 14056/01)

DECISION & ORDER ON MOTION

Motion by Annette G. Hasapidis, Esq., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, dated April 1, 2008.

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

ORDERED that the motion is granted, and Annette G. Hasapidis, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before December 31, 2009, Annette G. Hasapidis, Esq., is directed to serve her client by one of the methods specified in CPLR 2103(c), with a copy of this order 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 the appellant, without leave of the court, until the expiration of 30 days after service upon her of a copy of this order; and it is further,

ORDERED that on or before February 1, 2010, the appellant shall notify this court in writing (1) whether she has retained a new attorney to represent her, and if so, the name and address of new counsel, or is proceeding pro se and (2) whether the new attorney or the pro se appellant either (A) adopts the record and brief on file with this court and does not request leave to serve and file a supplemental brief, (B) adopts the record and brief on file with this court and requests leave to serve and file a supplemental brief, or (C) withdraws the record and briefs on file with this court and requires an extension of time to serve and file a replacement record and brief; and it is further,

ORDERED that in the event that the appellant does not comply with the directives set forth above she will be deemed to be proceeding pro se and to have adopted the brief filed by former counsel, and the appeal will be calendared; and it is further,

ORDERED that in the event that the appellant adopts the record and brief on file with this court and does not request leave to serve and file a supplemental brief, then the reply brief, if any, shall be served and filed on or before February 16, 2010; and it is further,

ORDERED that in the event that the appellant adopts the record and brief on file with this court and requests leave to serve and file a supplemental brief, or withdraws the record and briefs on file with this court and requires an extension of time to serve and file a replacement record and brief, then the supplemental brief or replacement record and brief shall be served and filed on or before March 2, 2010.

SKELOS, J.P., FLORIO, BALKIN, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court