Appellate Division: Second Judicial Department

M218680

E/afa

RANDALL T. ENG, P.J.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2016-05448 The People, etc., respondent, v Victor N. Koltun, appellant. (Ind. No. 10-00778)

DECISION & ORDER ON MOTION

Motion by Randall D. Unger for leave to withdraw as counsel for the appellant on an appeal from an order of the County Court, Orange County, dated March 30, 2016.

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

ORDERED that the motion is granted, and on or before October 17, 2016, Randall D. Unger 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that on the Court's own motion, the appellant's time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated March 30, 2016, is extended until December 16, 2016; and it is further,

ORDERED that the respondent's motion to dismiss the appeal is continued held in abeyance in the interim.

ENG, P.J., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court