Markowitz v Markowitz
Motion No: 2014-03629
Slip Opinion No: 2016 NY Slip Op 71386(U)
Decided on April 25, 2016
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

M210131

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2014-03629, 2014-11034

Hillary Markowitz, respondent,

v Jeffrey Markowitz, appellant.

(Index No. 19922/09)

DECISION & ORDER ON MOTION

Motion by Cohen, Goldstein, LLP, for leave to withdraw as counsel for the appellant on appeals from a judgment of the Supreme Court, Westchester County, dated March 5, 2014, and an order of the same court dated September 18, 2014.

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 motion is granted, and on or before May 9, 2016, Cohen, Goldstein, LLP, 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that on or before June 5, 2016, the appellant shall advise this Court, in writing, either that he has retained counsel, and if so, shall provide the name and address of new retained counsel, or that he is proceeding pro se, and, shall advise this Court, in writing, that he is adopting the briefs filed by former counsel and, if he be so advised, move to serve and file a supplemental brief, or, if he is not adopting the brief filed by former counsel, make a motion for leave to serve and file a replacement brief; in the event that the appellant fails to comply with this provision then the appeals will be deemed submitted pro se on the briefs filed by former retained counsel.

MASTRO, J.P., RIVERA, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court