Lipari v Lipari
Motion No: 2016-02070
Slip Opinion No: 2016 NY Slip Op 81415(U)
Decided on August 4, 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

M215912

E/afa

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-02070

David Lipari, respondent,

v Cara Lipari, appellant.

(Index No. 3516/10)

DECISION & ORDER ON MOTION

Motion by Steven L. Abel to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Rockland County, dated January 28, 2016, to fix the amount of his compensation, for a charging lien, and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to withdraw as counsel is granted, and on or before August 18, 2016, Steven L. Abel shall serve his 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 her of a copy of this decision and order on motion; and it is further,

ORDERED that on or before September 19, 2016, and the appellant shall advise the Court, in writing of the name and address of her new counsel or that she is proceeding pro se; and it is further,

ORDERED that the branches of the motion which are to fix the amount of counsel's compensation and for a charging lien are denied without prejudice to seeking relief in the Supreme Court, Rockland County; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until October 14, 2016, and the reply brief shall be served and filed on or before that date.

RIVERA, J.P., HALL, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court