Appellate Division: Second Judicial Department

M104019

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-04380 In the Matter of Antonio David Dos Santos, respondent, v Cristiane Silva Dos Santos, appellant. (Docket No. O-5607-09)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 7, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Terrence Worms, Esq., the attorney for the respondent, for leave to withdraw as counsel on an appeal an order of the Family Court, Queens County, dated May 7, 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 Terrence Worms, Esq., is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before June 21, 2010, Terrence Worms, 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 respondent, without leave of the court, until the expiration of 30 days after service upon him 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 July 23, 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.

SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court