Appellate Division: Second Judicial Department

M169559

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-09574, 2012-06188 Douglas Stein, appellant, v Ted Doukas, et al., respondents. (Index No. 5623/07)

DECISION & ORDER ON MOTION

Motion by Kevin T. Grennan, PLLC, inter alia, for leave to withdraw as counsel for the appellant on appeals from two orders of the Supreme Court, Suffolk County, entered October 4, 2011, and dated June 13, 2012, respectively, and for a retaining lien and a charging lien pursuant to Judiciary Law § 475.

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 branch of the motion which is for leave to withdraw as counsel is granted, and on or before March 31, 2014, Kevin T. Grennan, PLLC, 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that on or before May 14, 2014, with respect to each appeal, the appellant shall advise the Court and the respondents' counsel, in writing, (1) that he is proceeding pro se or (2) that he has retained new counsel and provides the name and address of his new counsel; and it is further,

ORDERED that on or before May 28, 2014, with respect to each appeal, the appellant or, if he has retained counsel, his new counsel, shall advise the Court and the respondents' counsel, in writing, whether (1) the appellant is adopting the brief filed by former counsel and no supplemental brief is required, (2) the appellant is adopting the brief filed by former counsel and will serve and file a supplemental brief, or (3) the appellant is not adopting the brief filed by former counsel and will serve and file a replacement brief; and it is further,

ORDERED that in the event that the appellant, or, if he has retained counsel, his new counsel, advises this Court that the appellant will serve and file a supplemental or replacement brief in compliance with the foregoing paragraph, the supplemental or replacement brief shall be served and filed on or before June 30, 2014; the respondents may serve and file a supplemental or replacement brief, as the case may be, on or before July 30, 2014, if they be so advised, and the appellant may file a supplemental or replacement reply brief, as the case may be, on or before August 15, 2014, if he be so advised; and it is further,

ORDERED that in the event any party serves and files a replacement brief, that party's original brief on file with the Clerk of this Court shall be stricken; and it is further,

ORDERED that, if, on or before May 14, 2014, with respect to either appeal, the appellant fails to advise this Court and the respondents' counsel that either he is proceeding pro se or that he has retained new counsel, the appellant shall be deemed to be proceeding pro se on that appeal; and it is further,

ORDERED that, if, on or before May 28, 2014, with respect to either appeal, the appellant or, if he has retained counsel, his new counsel, fails to advise this Court and the respondents' counsel whether the appellant is adopting the brief filed by former counsel, as set forth above, that appeal will be deemed submitted on the brief filed by former counsel; and it is further,

ORDERED that the branch of the motion which is for a retaining lien and a charging lien pursuant to Judiciary Law § 475 is denied without prejudice to seeking relief in the Supreme Court, Suffolk County; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court