Appellate Division: Second Judicial Department

M165915

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2012-06646 Joseph Rizzo, respondent, v Traci Rizzo, appellant. (Index No. 6249/09)

DECISION & ORDER ON MOTION

Motion by Wolfson, Egitto & Ragucci, P.C., for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Dutchess County, dated June 7, 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 December 16, 2013, Wolfson, Egitto & Ragucci, P.C., 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 her of a copy of this decision and order on motion; and it is further,

ORDERED that on or before January 16, 2014, the appellant shall advise the Court, in writing, whether she has retained new counsel or will be proceeding pro se, and either advise the Court that she is adopting the brief filed by former retained counsel, advise the Court that she is adopting the brief filed by former retained counsel and will be filing a supplemental brief, or advise the Court that she is not adopting the brief filed by former retained counsel and will be filing a replacement brief; and it is further,

ORDERED that in the event that the appellant does not comply with the provisions set forth above, she will be deemed to be proceeding pro se and the appeal will be submitted on the brief filed by former retained counsel.

MASTRO, J.P., RIVERA, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court