| Edward S. Gutman v Peter Brancoleone, Jr. |
| Motion No: 2015-01438 NC |
| Slip Opinion No: 2017 NY Slip Op 62394(U) |
| Decided on January 20, 2017 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
BRUCE E. TOLBERT
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| Edward S. Gutman, Respondent, v Peter Brancoleone, Jr., Appellant. |
Appeal from an order of the District Court of Nassau County, First District, entered April 29, 2015. This court has been advised that appellant's counsel has died.
Now, on the court's own motion, it is
ORDERED that the appeal is stricken from the January 26, 2017 ready day calendar and held in abeyance for 30 days and on or before February 17, 2017, pursuant to CPLR 321 (c), appellant is directed to retain new counsel to represent him on the appeal or advise the Clerk of this court in writing that he will proceed pro se (see CPLR 321[a]); and it is further,
ORDERED that on or before February 17, 2017, appellant's new attorney or appellant, if he decides to proceed pro se, shall advise the Clerk of this court, in writing, whether he will adopt the brief filed by former counsel or wishes to file a new or supplemental brief; and it is further,
ORDERED that in the event that appellant does not comply with the above-stated directives the appeal will be calendared, and appellant 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