of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by Sarah R. Robinson, Esq., counsel for respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 29, 2015, and a final judgment of the same court entered January 25, 2016, for leave to withdraw as counsel for appellant.

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

ORDERED that the so much of the appeal as is from the order is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on the appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,

ORDERED that the motion by Sarah R. Robinson, Esq., to be relieved from representing respondent with respect to the instant appeal is granted; and it is further,

ORDERED that on or before October 3, 2016, Sarah R. Robinson, Esq., is directed to serve her 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 without leave of the court, until the expiration of 30 days after the service upon respondent of a copy of this decision and order on motion; and it is further,

ORDERED, on the court's own motion, that respondent's time to serve and file a respondent's brief is enlarged to November 4, 2016.

ENTER:

Paul Kenny

Chief Clerk