| Solar Line Universal Great Brotherhood, Inc. v Prado |
| Motion No: 2010-05673 |
| Slip Opinion No: 2012 NY Slip Op 83418(U) |
| Decided on September 6, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M143011
S/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2010-05673, 2010-11296 Solar Line Universal Great Brotherhood, Inc., respondent, v Valdemar Prado, et al., defendants, Accredited Home Lenders, Inc., appellant. (Index No. 1548/06)
| DECISION & ORDER ON MOTION |
Appeals by the defendant Accredited Home Lenders, Inc., from two orders of the Supreme Court, Kings County, dated April 20, 2010, and October 14, 2010, respectively. The attorney for the respondent was suspended for a period of two years effective May 24, 2012 (see Matter of Solny, 96 AD3d 76).
Now, on the Court's own motion, it is
ORDERED that within 10 days from the date of this decision and order on motion the attorney for the appellant is directed to serve a copy thereof upon the respondent pursuant to CPLR 2103(b)(1) or (2), and (c), and to file proof of such service in the office of the Clerk of this Court within five days thereafter, which service shall constitute notice to the respondent to appoint a new attorney pursuant to CPLR 321(c); and it is further,
ORDERED that within 30 days after service upon it of a copy of this decision and order on motion, the respondent shall appoint a new attorney and advise the Clerk of this Court and the appellant's counsel of that attorney's name and address; and it is further,
ORDERED that within 45 days after service upon it of a copy of this decision and order on motion, the respondent's new attorney shall advise the Clerk of this Court, in writing, whether the respondent adopts the brief filed by former counsel, or wishes to file a replacement or supplemental brief; and it is further,
ORDERED that, if within 30 days after service upon it of a copy of this decision and order on motion, the respondent fails to appoint a new attorney and advise the Clerk of this Court and the appellant's counsel of that attorney's name and address, the respondent's brief shall be stricken, without further notice, and the appeals will be determined upon only the brief of the appellant.
SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court