Appellate Division: Second Judicial Department

M173891

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2012-04795 In the Matter of Elizabeth Renner, appella v Daniel Costigan, respondent. (Matter No. 1) (Docket Nos. V-16300-10/12M, V-16301- V-16384-10/12Q, V16385-10/12Q)

DECISION & ORDER ON MOTION nt, 10/12M,

2012-09985, 2013-01165

In the Matter of Elizabeth Renner, appellant,

v Daniel Costigan, respondent.

(Matter No. 2)

(Docket Nos. V-16300-1-10/10A,

V-16300-1-10/11C, V-16300-1-10/11E,

V-16300-1-10/11G, V-16300-1-10/11H,

V-16300-1-10/11J, V-16300-1-10/12O,

V-16384-5-10/10A, V-16384-5-10/10B,

V-16384-5-10/10C, V-16384-5-10/10D,

V-16384-5-10/11F, V-16384-5-10/11H,

V-16384-5-10/11I, V-16384-5-10/11K,

V-16384-5-10/11L, V-16384-5-10/11N)

2012-09986

In the Matter of Daniel A. Costigan, respondent,

v Elizabeth A. Renner, appellant.

(Matter No. 3)

(Docket Nos. V-16300-10/10A, V-16301-10/10A)

2013-08032

In the Matter of Elizabeth Renner, appellant,

v Daniel Costigan, respondent.

(Matter No. 4)

(Docket No. F-10853-11/11I)

2013-09434

In the Matter of Daniel A. Costigan, respondent,

v Elizabeth A. Renner, appellant.

(Matter No. 5)

(Docket Nos. V-16300-10/12P, V-16301-10/12P)

Motion by Michael B. Schulman for leave to withdraw as counsel for the appellant on appeals from five orders of the Family Court, Queens County, dated April 26, 2012, September 28, 2012, October 2, 2012, December 10, 2012, and September 24, 2013, respectively. Cross motion by the appellant pro se, inter alia, in effect, to direct Michael B. Schulman to perfect an appeal from an order of the same court dated July 19, 2013, to direct Michael B. Schulman to refund certain legal fees, and to enlarge the time to perfect the appeals from the orders dated December 10, 2012, and September 24, 2013.

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

ORDERED that the motion is granted, and on or before May 23, 2014, Michael B. Schulman is directed to serve his 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 June 23, 2014, with respect to the appeals from the orders dated April 26, 2012, September 28, 2012, October 2, 2012, December 10, 2012 (Appellate Division Docket No. 2012-04795, 2012-09985, 2012-09986, 2013-01165), the appellant shall (1) advise the Court, in writing, whether she is adopting the brief or reply brief filed by former counsel, (2) serve and file a supplemental brief and/or a supplemental reply brief or serve and file a replacement brief and/or a replacement reply brief, in the event that she is not adopting the brief or reply brief filed by former counsel; and it is further,

ORDERED that the appellant's time to perfect the appeal from the order dated July 19, 2013 (Appellate Division Docket No. 2013-08032), and the appeal from the order dated September 24, 2013 (Appellate Division Docket No. 2013-09434), is enlarged until June 23, 2014, and on or before that date the appellant shall cause the original papers constituting the record for each appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and serve and file a brief for each appeal; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeals from the orders dated July 19, 2013, and September 24, 2013, is granted as set forth above; and it is further,

ORDERED that the cross motion is otherwise denied.

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court