Appellate Division: Second Judicial Department

M100414

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-09841 In the Matter of Merita Cenaj, appellant, v Joseph Tucci, respondent. (Docket No. V-11864-06)

DECISION & ORDER ON MOTION

Motion by Howard Stern, Esq., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Family Court, Westchester County, dated September 18, 2009.

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 motion is granted, and Howard Stern, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before April 9, 2010, Howard Stern, Esq., is directed to serve his 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 the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until May 24, 2010.

RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court