Appellate Division: Second Judicial Department

M35287

Y/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

ROBERT J. LUNN

MARK C. DILLON, JJ.

2004-10236, 2004-10237 Doris L. Sassower, P.C., appellant, v Beverly Girardi, respondent. (Action No. 1) (Index No. 16335/90) Beverly Girardi, respondent, v Doris L. Sassower, et al., appellants. (Action No. 2) (Index No. 6303/00)

DECISION & ORDER ON MOTION

Motion by Thomas Torto, Esq., the purported attorney for the appellant, for leave to withdraw as counsel on appeals from an order of the Supreme Court, Westchester County, entered July 2, 2004, and a judgment of the same court also entered July 2, 2004, and to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel is denied as unnecessary, as the attorney was never formally retained; and it is further,

ORDERED that the branch of the motion which is for an enlargement of time to perfect is denied; and it is further,

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]) and the decision and order on motion of this court dated November 21, 2005.

ADAMS, J.P., RIVERA, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court