Appellate Division: Second Judicial Department

M144337

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2012-03224 Siobhan Schroth, respondent, v Thomas Schroth, appellant. (Index No. 1638/08)

DECISION & ORDER ON MOTION

Motion by O'Neil & Burke, LLP, for leave to withdraw as counsel for the appellant on an appeal from a decision of the Supreme Court, Dutchess County, dated February 27, 2012.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the decision is deemed to be a notice of appeal from a judgment of the Supreme Court, Dutchess County, dated March 26, 2012 (see CPLR 5512[a]); and it is further,

ORDERED that the motion is granted, and on or before October 16, 2012, O'Neil & Burke, 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until November 30, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court