| Solarte v Solarte |
| Motion No: 2014-03410 |
| Slip Opinion No: 2014 NY Slip Op 86480(U) |
| Decided on October 15, 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
M181177
T/ct
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2014-03410 Gerardo Solarte, respondent, v Maria Teresa Solarte, appellant. (Index No. 14275/09)
| DECISION & ORDER ON MOTION |
Motion by Popin & Associates, P.C., for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Queens County, entered November 21, 2013, for leave for the appellant to prosecute the appeal as a poor person and for the assignment of counsel, to deem the notice of appeal to have been timely filed, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before October 27, 2014, Popin & Associates, P.C., shall 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 the branch of the motion which is to enlarge the time to perfect the appeal is granted, the time to perfect enlarged until December 9, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to deem the notice of appeal to have been timely filed is denied as unnecessary; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied, with leave to renew upon proper papers, including an affidavit from the appellant setting forth her full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and the amount and source of counsel fees paid to retained counsel in the Supreme Court.
RIVERA, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court