Appellate Division: Second Judicial Department

M164560

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-00094 US Bank National Association, etc., appellant, v Naomi Singer, et al., respondents, et al., defendants. (Index No. 30698/09)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered October 9, 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 on the Court's own motion, on or before November 15, 2013, the attorney for the appellant is directed to serve a copy of this decision and order on motion upon the respondents pursuant to CPLR 2103(c), and to file proof of such service in the office of the Clerk of this Court, which service shall constitute notice to the respondents to appoint a new attorney pursuant to CPLR 321(c); and it is further,

ORDERED that on or before December 16, 2013, the respondents shall appoint a new attorney and advise the Clerk of this Court and the appellant's counsel of that attorney's name and address; within 10 days after receipt of the attorney's name and address the appellant shall serve the respondents' new attorney with a copy of the motion papers and file proof of service with the Court, and on or before January 9, 2014, the respondents shall respond to the motion, if they be so advised; and it is further,

ORDERED that, if, on or before December 16, 2013, the respondents fail to appoint a new attorney and advise the Clerk of this Court and the appellant's counsel of that attorney's name and address, the respondents shall be deemed to be proceeding pro se and the motion shall be deemed submitted; and it is further,

ORDERED that the motion is held in abeyance in the interim.

ENG, P.J., DICKERSON, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court