Appellate Division: Second Judicial Department

M195105

S/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2014-03838 Joan Coccia, respondent, v Thomas F. Liotti, appellant. (Index No. 5195/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered February 24, 2014, which was determined by decision and order of this Court dated June 10, 2015, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. By letter dated July 2, 2015, the Court was advised that the attorney for the respondent has become unable to practice law based upon his medical condition.

On the Court's own motion, it is

ORDERED that on or before July 7, 2015, the Clerk of this Court, or her designee, is directed to serve a copy of this decision and order on motion upon the respondent and the appellant by regular mail, which service shall constitute notice to the respondent to appoint a new attorney pursuant to CPLR 321(c); and it is further,

ORDERED that on or before August 12, 2015, the respondent shall appoint a new attorney and advise the Clerk of this Court and the appellant's counsel of that attorney's name and address; within 5 days after receipt of the attorney's name and address the appellant shall serve the respondent's new attorney with a copy of the motion papers and file proof of service with this Court, and on or before August 26, 2015, the respondent's new attorney shall respond to the motion, if so advised; and it is further,

ORDERED that if the respondent fails to appoint a new attorney and advise the Clerk of this Court and the appellant's counsel of that attorney's name and address within the period of time set forth above, the respondent shall be deemed to be proceeding pro se and, in that event, the appellant shall serve the respondent pro se with a copy of the motion papers and file proof of service with this Court on or before August 17, 2015, and the respondent pro se shall respond to the motion on or before August 26, 2015; in the event she fails to respond, the motion shall be deemed submitted; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim.

DILLON, J.P., DICKERSON, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court