Appellate Division: Second Judicial Department

M268103

E/sl

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2013-00228 The People, etc., respondent, v Henry Vargas, appellant. (Ind. No. 2435/95)

DECISION & ORDER ON MOTION

Motion by the appellant's retained counsel for leave to withdraw on an appeal from a judgment of the Supreme Court, Kings County, rendered December 3, 2012, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and on or before December 30, 2019, retained counsel 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 this 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 the appellant's time to perfect the appeal is extended and the appellant shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.5) and written directions.

SCHEINKMAN, P.J., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court