Otto v Miller
Motion No: 2005-07132
Slip Opinion No: 2006 NYSlipOp 60848(U)
Decided on January 19, 2006
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35053

O/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-07132

Norma L. Otto, appellant, v

Sistina R. Miller, et al., respondents.

(Index No. 32109/02)

DECISION & ORDER ON MOTION

Motion by Lawrence Rosman, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Queens County, dated May 20, 2005.

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

ORDERED that the motion is granted, and Lawrence Rosman is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before February 2, 2006, Lawrence Rosman is directed to serve his 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 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; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until March 17, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court