Matter of Elegante v Elegante
Motion No: 2009-09164
Slip Opinion No: 2010 NY Slip Op 66573(U)
Decided on March 25, 2010
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

M100412

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-09164

In the Matter of Jhojans Elegante, appellant,

v Beatriz Elegante, respondent.

(Docket No. F-00946/09)

DECISION & ORDER ON MOTION

Motion by Leslie Martin, Esq., the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Family Court, Nassau County, dated August 10, 2009, and to enlarge the respondent's time to serve and file a brief.

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 it is further,

ORDERED that Leslie Martin, Esq., is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before April 9, 2010, Leslie Martin, Esq., is directed to serve the respondent 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 respondent, 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 respondent's time to serve and file a brief is enlarged until May 24, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court