Hsbc Bank Usa, N.A. Etc. v Dominque Posy, Et Al.
Motion No: 2014-02273 NC
Slip Opinion No: 2016 NY Slip Op 80693(U)
Decided on July 19, 2016
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

JERRY GARGUILO

JAMES V. BRANDS, JJ.

DECISION & ORDER ON MOTION

2014-2273 N C
HSBC Bank USA, N.A. etc., Respondent, v Dominque Posy, et al., Appellants.

Appeal from an order of the District Court of Nassau County, First District, entered July 9, 2014. The appeal has been perfected. By decision and order on motion of the Appellate Division, Second Judicial Department, dated November 12, 2015, Menez Jean-Jerome, the attorney for appellants, was immediately suspended from the practice of law pending further order of that Court.

Now, on the court's own motion, it is

ORDERED that the appeal is held in abeyance for 30 days and on or before August 15, 2016, pursuant to CPLR 321 (c), appellants are directed to retain new counsel to represent them on the appeal or advise the Clerk of this court in writing that they will proceed pro se (see CPLR 321[a]); and it is further,

ORDERED that on or before August 15, 2016, appellants' new attorney or appellants, if they decide to proceed pro se, shall advise the Clerk of this court, in writing, whether they will adopt the brief filed by former counsel or wish to file a new or supplemental brief; and it is further,

ORDERED that in the event that appellants do not comply with the above-stated directives the appeal will be calendared, and appellants will be deemed to be proceeding pro se and to have adopted the brief filed by former counsel; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion on the parties and their attorneys by regular mail.

ENTER:

Paul Kenny

Chief Clerk