Appellate Division: Second Judicial Department

M130395

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-06829 The People, etc., respondent, v Clifton Seymore, appellant. (Ind. No. 2037-07)

DECISION & ORDER ON MOTION

Motion by Devitt Spellman Barrett, LLP, to withdraw as counsel for the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered July 2, 2008.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted on or before January 17, 2012, Devitt Spellman Barrett, LLP, is directed to 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 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 on motion; and it is further,

ORDERED that on or before February 17, 2012, the appellant shall either retain new counsel and have retained counsel file a notice of appearance with this Court, move for leave to prosecute the appeal as a poor person and for the assignment of counsel, or withdraw the appeal; and it is further,

ORDERED that if the appellant does not comply with the foregoing, the Clerk of the Court shall issue an order to show cause why the appeal should or should not be dismissed as abandoned.

DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court