| Kenneth L. Bunting, Esq. v Frank Cervera |
| Motion No: 2017-01604 ORC |
| Slip Opinion No: 2018 NY Slip Op 85334(U) |
| Decided on September 27, 2018 |
| 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
JAMES V. BRANDS, J.P.
ANTHONY MARANO
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Kenneth L. Bunting, Esq., Respondent, v Frank Cervera, Appellant. |
Appeal from an order of the Justice Court of the Town of Minisink, Orange County, entered July 13, 2017. This court has been advised that respondent's counsel has died.
Now, on the court's own motion, it is
ORDERED that the appeal is held in abeyance for 30 days and on or before October 23, 2018, pursuant to CPLR 321 (c), respondent 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 October 23, 2018, respondent's new attorney or respondent, 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 respondent does not comply with the above-stated directives the appeal will be calendared, and respondent 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