Martyniak v Charleston Enterprises, LLC
Motion No: 2013-04662
Slip Opinion No: 2013 NY Slip Op 91284(U)
Decided on November 14, 2013
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M165259

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-04662

Virginia Martyniak, et al., respondents,

v Charleston Enterprises, LLC, et al., appellants.

(Index No. 103437/11)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Richmond County, dated March 20, 2013. By decision and order on motion of this Court dated October 18, 2013, the attorney for the respondents was immediately suspended from the practice of law in the State of New York.

Now, on the Court's own motion, it is

ORDERED that on or before December 5, 2013, the attorney for the appellants 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 January 9, 2014, the respondents shall advise the Clerk of this Court and the appellants' 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 respondents fail to appoint a new attorney and advise the Clerk of this Court and the appellants' counsel of that attorney's name and address, the respondents shall be deemed to be proceeding pro se; and it is further,

ORDERED that on or before January 30, 2014, the respondents shall (1) notify this Court that they wish to adopt the brief filed by former counsel, (2) file a supplemental brief or a replacement brief, or (3) withdraw the brief; and it is further,

ORDERED that if the respondents fail to comply with the preceding paragraph, they shall be deemed to have adopted the brief filed by former counsel.

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

ENTER:

Aprilanne Agostino

Clerk of the Court