Opinion
Motion No: 2011-09129 Docket No. V-10459/11 M134682
03-15-2012
In the Matter of Stanley C. Lipton, appellant, v. Beth Lipton, et al., respondents.
, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by Virdone Law Firm, P.C., to withdraw as counsel for the appellant on an appeal from an order of the Family Court, Kings County, dated September 1, 2011, and to enlarge the time to serve and file a reply brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to withdraw as counsel is granted, and on or before March 27, 2012, Virdone Law Firm, P.C., is directed to serve its 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 or before April 26, 2012, the appellant shall either retain new counsel and new counsel shall advise the Court in writing whether he or she will be adopting the brief filed by former counsel or will be filing a replacement brief, or, in the alternative, the appellant shall notify the Court in writing that he is proceeding pro se, and advise the Court whether he will be adopting the brief filed by former counsel or will be filing a replacement brief; in the event that a replacement appellant's brief will be filed, the brief shall be filed on or before May 29, 2012; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief and the application for that relief are held in abeyance in the interim.
DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court