US Bank NA v Gendelman
Motion No: 2012-00730
Slip Opinion No: 2012 NY Slip Op 93870(U)
Decided on December 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M148264

S/sl

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-00730

US Bank NA, respondent,

v Tanya Gendelman, appellant,

et al., defendants.

(Index No. 22093/08)

DECISION & ORDER ON MOTION

Appeal by the defendant Tanya Gendelman from an order of the Supreme Court, Kings County, dated November 3, 2011. The attorney for the appellant was suspended for a period of two years effective May 24, 2012 (see Matter of Solny, 96 AD3d 76). By decision and order on motion of this Court dated September 6, 2012, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - August 2012 Calendar" the appeal was dismissed.

Now, on the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court dated September 6, 2012, as dismissed the above-entitled appeal is recalled and vacated and the appeal is reinstated; and it is further,

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 appellant 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 appellant to appoint a new attorney pursuant to CPLR 321(c); and it is further,

ORDERED that within 30 days after service upon it of a copy of this decision and order on motion, the appellant 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 and the respondent's counsel that the appellant is proceeding pro se; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until March 22, 2013, and the record and appendix on appeal and the appellant's brief shall be served and filed on or before that date.

MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court