Matter of Richards v Rhone
Motion No: 2013-08598
Slip Opinion No: 2014 NY Slip Op 89352(U)
Decided on November 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M182549

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2013-08598

In the Matter of Andrew Richards, respondent,

v Latoya Rhone, appellant.

(Docket No. V-5846-08/11C)

DECISION & ORDER ON MOTION

Motion by David B. Calender, the appellant's retained counsel, for leave to withdraw as counsel on an appeal from an order of the Family Court, Nassau County, dated August 1, 2013, and to fix the compensation owed to him and to require the appellant to pay his fee before he is required to turn over the file to the appellant.

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 November 24, 2014, David B. Calender 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 appellant, without leave of this 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 December 29, 2014, the appellant shall either (1) advise the Court, in writing, of the name and address of her new retained counsel and request an extension of time to serve and file a brief, (2) move for poor person relief and the assignment of counsel, (3) perfect the appeal, or (4) withdraw the appeal; and it is further,

ORDERED that the branch of the motion which is to fix the compensation owed to David B. Calender and to require the appellant to pay his fee before he is required to turn over the file to the appellant is denied without prejudice to seeking appropriate relief in the Family Court, Nassau County.

SKELOS, J.P., DICKERSON, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court