| Wasserman v Wasserman |
| Motion No: 2011-06342 |
| Slip Opinion No: 2012 NY Slip Op 88240(U) |
| Decided on October 22, 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
M145298
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2011-06342 Mark A. Wasserman, appellant, v Joann Wasserman, respondent. (Index No. 04-2623)
| DECISION & ORDER ON MOTION |
Motion by Danzig Fishman & Decea, inter alia, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Westchester County, dated June 16, 2011, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before November 7, 2012, Danzig Fishman & Decea, 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 on or before December 26, 2012, the appellant shall (1) advise the Court in writing that he has retained counsel or is proceeding pro se, and (2) advise the Court in writing that he is adopting the record and brief filed by former counsel or file a replacement record and brief; if the appellant does not comply with the foregoing, he will be deemed to be proceeding pro se and adopting the record and brief filed by former counsel, and the appeal will be calendared using the brief filed by former counsel; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted to the extent that the appellant's time to serve and file the reply brief is enlarged until December 17, 2012, in the event that the appellant is adopting the brief filed by former counsel; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court