Appellate Division: Second Judicial Department

M115699

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-09997 In the Matter of Noreen Verruto, petitioner, v Suffolk County Department of Social Services, et al., respondents. (Index No. 24506/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated January 5, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Anthony A. Capetola, Esq., the attorney for the petitioner, for leave to withdraw as counsel in a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Suffolk County, dated September 22, 2010.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before March 10, 2011, Anthony A. Capetola, 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 petitioner, without leave of the court, until the expiration of 30 days after service upon her of a copy of this order.

DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court