Appellate Division: Second Judicial Department

M105715

S/sl

FRED T. SANTUCCI, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-03193 In the Matter of Linda Reesman, respondent, v Andrew Carenza, appellant. (Docket No. O-2092-09)

DECISION & ORDER ON MOTION

Motion by Elliot S. Schlissel, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Family Court, Nassau County, dated March 8, 2010. By order to show cause dated July 2, 2010, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 16, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and no papers having been filed in response to the order to show cause, it is

ORDERED that the motion is granted, and Elliot S. Schlissel is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before July 27, 2010, Elliot S. Schlissel is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and 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 him of a copy of this decision and order; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's time to comply with the scheduling order dated April 16, 2010, is enlarged until September 10, 2010.

SANTUCCI, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court