Appellate Division: Second Judicial Department

M126126

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2011-04318 Peter T. Santacroce, respondent-appellant, v Eileen Spillane, appellant-respondent. (Index No. 24667-10)

DECISION & ORDER ON MOTION

Motion by Winkler, Kurtz, Winkler & Kuhn, LLP, for leave to withdraw as counsel for the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 1, 2011, and to allow the appellant-respondent to proceed pro se.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted; and it is further,

ORDERED that on or before October 4, 2011, Winkler, Kurtz, Winkler & Kuhn, LLP, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to allow the appellant-respondent to proceed pro se is denied as unnecessary; and it is further,

ORDERED that on the Court's own motion, the appellant-respondent's time to perfect the appeal is enlarged until November 17, 2011, and the joint record or appendix on appeal and the appellant-respondent's brief must be serve and filed on or before that date.

MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court