Appellate Division: Second Judicial Department

M155970

E/nl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2012-06232 Leigh Ann Lamparillo, respondent-appellant, v Gregory Lamparillo, appellant-respondent. (Index No. 10-7265)

DECISION & ORDER ON MOTION

Motion by Christopher E. Gurda to withdraw as counsel for the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Orange County, dated April 16, 2012. Cross motion by the appellant-respondent to strike the respondent-appellant's brief on the ground that her attorney has a conflict of interest, to dismiss the cross appeal for failure to pay one-half of the joint record or direct the respondent-appellant to pay one-half the cost of the joint record, and to enlarge the time to serve and file a reply brief. Application by the respondent-appellant, in effect, to withdraw her cross appeal

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

ORDERED that the motion is denied as academic in light of the substitution of counsel filed by the respondent-appellant; and it is further,

ORDERED that the application is granted and the cross appeal is deemed withdrawn without costs or disbursement; and it is further,

ORDERED that on or before June 10, 2013, the respondent-appellant's new counsel shall (1) advise this Court, in writing, that he is adopting the brief filed by former counsel and will not be filing a supplemental brief, or (2) advise this Court, in writing, that he is adopting the brief filed by former counsel and serve and file a supplemental brief, or (3) serve and file a replacement brief; and it is further,

ORDERED that the branch of the motion which is to strike the respondent-appellant's brief on the ground that her attorney has a conflict of interest is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the cross appeal for failure to pay one-half of the joint record or direct the respondent-appellant to pay one-half the cost of the joint record is denied as academic in light or the fact that the cross appeal has been withdrawn; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant-respondent's time to serve and file a reply brief is granted, and the time to serve and file a reply brief is enlarged until July 10, 2013, and the appellant-respondent's reply brief shall be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court