Appellate Division: Second Judicial Department

M181153

E/sl

SHERI S. ROMAN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

2013-06282 Esther Dayan, respondent, v Abraham Dayan, appellant. (Index No. 50110/12)

DECISION & ORDER ON MOTION

Motion by Melissa Bonaldes, counsel assigned to represent the respondent by the Supreme Court, Kings County, to be relieved on an appeal from an order of the Supreme Court, Kings County, dated April 23, 2013, on the ground that the respondent has purportedly retained counsel to respond to the appeal, and to enlarge the respondent's time to serve and file a brief.

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

ORDERED that the motion is granted, and on or before October 24, 2014, Melissa Bonaldes shall serve her 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 service with the Clerk of this Court; and it is further,

ORDERED that on or before December 1, 2014, the respondent shall either (1) move in this Court for poor person relief and the assignment of counsel, (2) advise this Court, in writing, of the name, address, and telephone number of retained counsel, and serve and file a brief or move for an extension of time to do so, or (3) advise this Court, in writing, that she is proceeding pro se on the appeal, and serve and file a brief or move for an extension of time to do so; and it is further,

ORDERED that in the event that the respondent does not comply with the foregoing, the appeal will be deemed submitted without a brief from the respondent.

ROMAN, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court