| Lodato v Lodato |
| Motion No: 2012-08717 |
| Slip Opinion No: 2014 NY Slip Op 65524(U) |
| Decided on March 5, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M170564
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 |
Appeal by the defendants 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. By decision and order on motion of this Court dated November 14, 2013, the appellants were directed to notify this Court and the respondent's counsel, on or before January 9, 2014, whether they retained counsel or were proceeding pro se. If the appellants failed to timely notify this Court, then the appellants would be deemed to be proceeding pro se. The appellants did not timely notify this Court whether they retained counsel or were proceeding pro se, and, pursuant to the provisions of the order dated November 14, 2013, are deemed to be proceeding pro se on the appeal.
Now, on the Court's own motion, it is
ORDERED that on or before March 27, 2014, the appellants shall advise this Court and the respondent's counsel, in writing, that they are either (1) adopting the brief filed by former counsel and no supplemental brief is required, (2) adopting the brief filed by former counsel and will be serving and filing a supplemental brief, or (3) withdrawing the brief filed by former counsel and will be serving and filing a replacement brief; and it is further,
ORDERED that if the appellants fail to comply with the preceding paragraph, they shall be deemed to have adopted the brief filed by former counsel; and it is further,
ORDERED that in the event the appellants advise this Court that they will serve and file a supplemental or replacement brief, the supplemental or replacement brief shall be served and filed on or before April 10, 2014.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court