Appellate Division: Second Judicial Department

M145493

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2011-11734, 2012-03610 Oliveto Holdings, Inc., respondent, v Alfred Rattenni, appellant. (Index No. 2203/08)

DECISION & ORDER ON MOTION

Motion by Appuzo & Chase for leave to withdraw as counsel for the appellant on appeals from an order of the Supreme Court, Putnam County, dated November 28, 2011, and a judgment of the same court dated March 14, 2012.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted and on or before November 8, 2012, Appuzo & Chase 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, and provide the name and address of new retained counsel, or is proceeding pro se, and (2) advise the Court in writing that he is adopting the brief filed by former counsel or serve and file a replacement brief or supplemental brief; if the appellant does not comply with the foregoing, he will be deemed to be proceeding pro se and adopting the brief filed by former counsel.

SKELOS, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court