Appellate Division: Second Judicial Department

M136949

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2011-05303 Joseph Galchi, et al., respondents, v Laura Garabedian, appellant. (Index No. 28876/04)

DECISION & ORDER ON MOTION

Motion by and Albert, Slobin & Rubenstein, LLP, for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Queens County, dated May 13, 2010.

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 motion is granted, and on or before May 11, 2012, Albert, Slobin & Rubenstein 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 her of a copy of this decision and order on motion; and it is further,

ORDERED that on or before June 25, 2012, the appellant shall (1) advise the Court in writing that she has retained counsel or is proceeding pro se, and (2) advise the Court in writing that she is adopting the record and brief filed by former counsel or will file a replacement record and brief; if the appellant does not comply with the foregoing, she will be deemed to be proceeding pro se and adopting the record and brief filed by former counsel; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until July 24, 2012, and the respondents' brief must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court