Appellate Division: Second Judicial Department

M136352

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2012-00132 Andrew Beckwith, appellant, v Xi Yang, respondent. (Index No. 17659-11)

DECISION & ORDER ON MOTION

Motion by Sharyn Beers, P.C., for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated November 1, 2011. Separate motion by the appellant pro se for poor person relief, including a waiver of the filing fee.

Upon the papers filed in support of the motion by Sharyn Beers, P.C., and no papers having been filed in relation or opposition thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion by Sharyn Beers, P.C., is granted, and on or before May 8, 2012, Sharyn Beers, P.C., 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 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 the appellant's motion is denied.

RIVERA, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court