Appellate Division: Second Judicial Department

M211077

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2014-09262, 2015-01168 In the Matter of Vincent Castellucci, deceased. Laura Castellucci, respondent; Ann S. Castellucci, et al., appellants. (File No. 1042/78)

DECISION & ORDER ON MOTION

Motion by Novick & Associates, P.C., for leave to withdraw as counsel for the respondent on appeals from two orders of the Surrogate's Court, Westchester County, dated July 10, 2014, and December 9, 2014, respectively.

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 20, 2016, Novick & 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 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 on or before June 21, 2016, the respondent shall advise this Court, in writing, either that she has retained counsel, and, if so, provide the name and address of new retained counsel, or that she is proceeding pro se, and, advise this Court, in writing, that she is adopting the brief filed by former counsel and, if she be so advised, move to serve and file a supplemental brief, or, if she 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 respondent fails to comply with this provision then the respondent shall be deemed to be proceeding pro se and adopting the brief filed by former retained counsel.

BALKIN, J.P., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court