Appellate Division: Second Judicial Department

M34948

Y/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-06007 Marc A. Pergament, etc., appellant, v Alfred J. Roach, et al., defendants, Ronald I. Heller, et al., respondents. (Index No. 16425/01)

DECISION & ORDER ON MOTION

Motion by Graubard Miller, the attorney for respondent M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., inter alia, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, dated May 13, 2005, and to fix fees owed by M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., to Graubard Miller.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to relieve Graubard Miller is granted; Graubard Miller is relieved from representing M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., with respect to the instant appeal; and it is further,

ORDERED that on or before February 6, 2006, Graubard Miller is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order 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 M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order; and it is further,

 ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until March 8, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents shall serve and file their brief on or before April 13, 2006; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before April 28, 2006; and it is further,

ORDERED that the branch of the motion which is to fix the amount of attorneys' fees owed by M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court