Appellate Division: Second Judicial Department

M144249

V/

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-01683 In the Matter of Lamont A. Colter, appellant, v Le-Ann S. Baker, respondent. (Docket No. V-00122-10)

DECISION & ORDER ON MOTION

Motion by Ngozi Rosaline Asonye, counsel assigned to represent the respondent on an appeal from an amended order of the Supreme Court, Nassau County (IDV Part), dated January 5, 2011, to be relieved of the assignment on the ground that the respondent has failed to respond to counsel's attempts to contact her.

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 it is further,

ORDERED that on or before October 15, 2012, Ngozi Rosaline Asonye 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 her of a copy of this decision and order on motion; and it is further,

ORDERED that on or before November 30, 2012, the respondent shall either file a

motion in this Court for leave to defend the appeal as a poor person and for the assignment of counsel or serve and file the respondent's brief.

FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court