Appellate Division: Second Judicial Department

M181815

E/htr

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2014-03822, 2014-03825, 2014-03990 In the Matter of Travis L. J. Wright III, respondent, v Charline Michelle Stewart, appellant. (Proceeding No. 1) In the Matter of Charline Michelle Stewart, appellant, v Travis L. J. Wright III, respondent. (Proceeding No. 2) (Docket Nos. V-21184-12, V-12591-13)

DECISION & ORDER ON MOTION

Motion by Stephen A. Gargiulo for leave to withdraw as counsel for the respondent on appeals from three orders of the Family Court, Queens County, all dated March 10, 2014, and for poor person relief and the assignment of counsel for the respondent, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed 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 November 10, 2014, Stephen A. Gargiulo shall 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 respondent, 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 the branch of the motion which is for poor person relief and the assignment of counsel for the respondent is denied with leave to renew on or before December 11, 2014, upon proper papers, including the respondent's affidavit setting forth the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 11, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that in the event that the respondent does not make the motion set forth above or serve and file a brief on or before December 11, 2014, the appeal will be deemed submitted without a respondent's brief.

DILLON, J.P., CHAMBERS, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court