Appellate Division: Second Judicial Department

M143581

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2012-01309 In the Matter of Lucia Marte, appellant, v Mariano Biondo, respondent. (Docket No. O-17813/11)

DECISION & ORDER ON MOTION

Motion by Veronica Excobar, counsel assigned to represent the respondent on an appeal from an order of the Family Court, Queens County, dated January 11, 2012, to be relieved of the assignment on the ground that the respondent is no longer indigent.

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 motion is granted; and it is further,

ORDERED that on or before October 1, 2012, Veronica Excobar is directed to serve her 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 respondent, 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 the Court's own motion, the respondent's time to serve and file a brief is enlarged until November 14, 2012, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court