Defendant Dan Resler hereby respectfully moves for an Order, pursuant to Local Civil Rule 1.4, approving the attached Stipulation Substituting Defendant Dan Resler’s Counsel of Record, and in support thereof states as follows:

1. On or about September 4, 2001, defendant R. Daniel Resler (sued herein as “Dan Resler”) contacted the undersigned and requested that the undersigned assume Dr. Resler’s representation in this matter, in the place and stead of the law firm of Migliore & Infranco. The change in counsel was initiated entirely by Dr. Resler and was motivated in principal part by the undersigned’s familiarity with the case and considerations of economy related to representation by the undersigned of another defendant with similar defenses, Jared Weinberger, in this matter.
   
   
2. The undersigned is duly admitted to practice in this Court.
   
   
3. This matter is at the initial pleading stage, and this change in counsel will not delay the adjudication of this matter.
   
   
4. The attached Stipulation was duly filed with the Court on September 20, 2001. On October 1, 2001, the Clerk of Court advised counsel that a formal motion must be made to authorize the substitution of counsel under Local Rule 1.4.

WHEREFORE, it is respectfully requested that the accompanying Stipulation be approved, and that the withdrawal of Miglore & Infranco as counsel for Dr. Resler be permitted.

Dated: October 1, 2001




___________________________________
HILARY B. MILLER, ESQ.
HM-4041
Attorney for Defendants
Dan Resler and Jared Weinberger
112 Parsonage Road
Greenwich, Connecticut 06830-3942
(203) 861-6262

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing was mailed this 1st day of October, 2001, by first-class mail, with postage prepaid, to:

Robert L. Folks, Esq.
Robert L. Folks & Associates, LLP.
510 Broad Hollow Road, Suite 305
Melville, New York 11747-3606

Joseph Infranco, Esq.
Migliore & Infranco
353 Veterans Memorial Highway
Commack, New York 11725-4325

Mr. Robert Novak
1550 Sunrise Highway
Copiague, New York 11726-1517

___________________________________
HILARY B. MILLER, ESQ.