| Roman v Emigrant Savings Bank-Brooklyn/Queens |
| Motion No: 2012-03686 |
| Slip Opinion No: 2013 NY Slip Op 64399(U) |
| Decided on February 13, 2013 |
| 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
M151297
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2012-03686, 2012-03687 Yolanda Roman, appellant, v Emigrant Savings Bank-Brooklyn/Queens, et al., respondents. (Index No. 8861/11)
| DECISION & ORDER ON MOTION |
Motion by Thomas Weiss for leave to withdraw as counsel for the appellant on appeals from two orders of the Supreme Court, Nassau County, both dated March 6, 2012, and, in effect, to enlarge the appellant's time to serve and file a reply brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and on or before February 27, 2013, Thomas Weiss is directed to serve his 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 her of a copy of this decision and order on motion; and it is further,
ORDERED that on or before April 4, 2013, the appellant shall (1) advise this Court, in writing, that she is proceeding pro se or has retained new counsel and provide the name and address of her new counsel, and (2)(a) advise this Court, in writing, that she is adopting the brief filed by former counsel and will not be filing a supplemental brief, (b) advise this Court, in writing, that she is adopting the brief filed by former counsel and serve and file a supplemental brief, or (c) serve and file a replacement brief; and it is further,
ORDERED that in the event that the appellant fails to comply with the foregoing provision by April 4, 2013, she will be deemed to be proceeding pro se and adopting the brief filed by former counsel; and it is further,
ORDERED that in the event that the appellant advises this Court, in writing, that she is adopting the brief filed by former counsel and will not be filing a supplemental brief, the appellant's time to serve and file a reply brief is enlarged until April 4, 2013, and the reply brief, if any, must be served and filed on or before that date.
SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court