Appellate Division: Second Judicial Department

M37250

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-09350 Annie Prokop, appellant, v V & V Realty Co., et al., respondents. (Index No. 7390/04)

DECISION & ORDER ON MOTION

Motion by Finkelstein & Partners, LLP, counsel for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered August 22, 2005.

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

ORDERED that the motion is granted, and Finkelstein & Partners, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that Finkelstein & Partners, LLP, is directed to serve the appellant with a copy of this decision and order on motion, with notice of entry, by one of the methods specified in CPLR 2103(c), on or before April 5, 2006, 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 it of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until May 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.

KRAUSMAN, J.P., LUCIANO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court