Appellate Division: Second Judicial Department

M153262

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-09797 Barbara Strobeck, respondent, v David Strobeck, appellant. (Index No. 4637/10)

DECISION & ORDER ON MOTION

Motion by O'Neil & Burke, LLP, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated July 17, 2012.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the motion is granted, and on or before April 3, 2013, O'Neil & Burke, LLP, 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 the Court's own motion, the appellant's time to perfect the appeal is enlarged until May 10, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court