Appellate Division: Second Judicial Department

M198872

E/ct

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2015-02183 Gerardo Solarte, respondent-appellant, v Maria Teresa Solarte, appellant-respondent. (Index No. 14275/09)

DECISION & ORDER ON MOTION

Motion by Popin & Associates, P.C., for leave to withdraw as counsel for the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered December 1, 2014, for poor person relief, for the assignment of counsel, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in 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 8, 2015, 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-respondent 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 for leave to prosecute the appeal on the original papers is granted, and the appeal and cross appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the time to perfect the appeal by causing the original papers constituting the record on the appeal and cross appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until October 23, 2015; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including the points of argument on the cross appeal in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]).

MASTRO, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court