Appellate Division: Second Judicial Department

M165237

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-08717 Siegal Lodato, respondent, v Charles Lodato, et al., appellants. (Index No. 101964/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the joint trial of the above-entitled action and a related action, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated July 27, 2012. By decision and order on motion of this Court dated October 18, 2013, the attorney for the appellants was immediately suspended from the practice of law in the State of New York.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, on or before December 5, 2013, the attorney for the respondent is directed to serve a copy of this decision and order on motion upon the appellants 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 appellants to appoint a new attorney pursuant to CPLR 321(c); and it is further,

ORDERED that on or before January 9, 2014, the appellants shall advise the Clerk of this Court and the respondent's counsel (1) the name and address and address of their new attorney or (2) that the appellants are proceeding pro se; and it is further,

ORDERED that, if, on or before January 9, 2014, the appellants fail to appoint a new attorney and advise the Clerk of this Court and the respondent's counsel of that attorney's name and address, the appellants shall be deemed to be proceeding pro se; and it is further,

ORDERED that on or before January 30, 2014, the appellants shall (1) notify this Court that they wish to adopt the motion filed by their former counsel, (2) file supplemental papers in connection with the motion, or (3) withdraw the motion; and it is further,

ORDERED that if the appellants failed to comply with the preceding paragraph, the motion shall be deemed submitted; and it is further,

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

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court