| Cimino v County of Nassau |
| Motion No: 2011-05363 |
| Slip Opinion No: 2012 NY Slip Op 92323(U) |
| Decided on December 4, 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
M147551
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2011-05363 Nickolas P. Cimino, Jr., et al., appellants, v County of Nassau, respondent, et al., defendants. (Index No. 245/08)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs from an order of the Supreme Court, Nassau County, dated March 23, 2011. By decision and order on motion dated November 29, 2012, the attorney for the appellants was suspended from the practice of law pending further order of this Court.
Now, on the Court's own motion, it is
ORDERED that within 10 days from the date of this decision and order on motion the attorney for the respondent is directed to serve a copy thereof upon the appellants pursuant to CPLR 2103(b)(1) or (2), and (c), and to file proof of such service in the office of the Clerk of this Court within five days thereafter, which service shall constitute notice to the appellants to appoint a new attorney pursuant to CPLR 321(c); and it is further,
ORDERED that within 30 days after service upon them of a copy of this decision and order on motion, the appellants shall appoint a new attorney and advise the Clerk of this Court and the respondent's counsel of that attorney's name and address or advise the Clerk of this Court that they will be proceeding pro se; and it is further,
ORDERED that within 45 days after service upon them of a copy of this decision and order on motion, the appellants' new attorney or the appellants, if they choose to proceed pro se, shall advise the Clerk of this Court, in writing, whether the appellants adopt the brief and reply brief filed by former counsel, or wish to file replacements or supplemental briefs; and it is further,
ORDERED that, if within 30 days after service upon them of a copy of this decision and order on motion, the appellants fail to appoint a new attorney and advise the Clerk of this Court and the respondent's counsel of that attorney's name and address or that they will be proceeding pro se, the appellants shall be deemed to be proceeding pro se and to have adopted the brief and reply brief filed by former counsel, without further notice, and the appeals will be determined upon the briefs previously filed with this Court.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court