Appellate Division: Second Judicial Department

M162936

E/sl

PETER B. SKELOS, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2012-11549 Sandy Mohamed Badawi, respondent, v Wael Mounir Alesawy, appellant. (Index No. 11-000408)

DECISION & ORDER ON MOTION

Motion by Hyman & Gilbert for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Westchester County, entered September 27, 2012.

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 October 11, 2013, Hyman & Gilbert 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 the appellant of a copy of this decision and order on motion; and it is further,

ORDERED that on or before November 15, 2013, the appellant shall respond to the respondent's pending motion to strike the appellant's brief; and it is further,

ORDERED that on or before December 16, 2013, the appellant shall advise the Court, in writing,(1) that he has retained counsel or is proceeding pro se and (2) that he is adopting the brief filed by former counsel, or wishes to file a supplemental or replacement brief; and it is further,

ORDERED that in the event that the appellant does not provide notice to the Court as set forth above, the appellant will be deemed to be proceeding pro se and to be adopting the brief filed by former counsel.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court