Appellate Division: Second Judicial Department

M37916

T/sl

ROBERT W. SCHMIDT, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-11124 Jun Sofue, appellant, v Mickiko Kurahashi, respondent. (Index No. 2003/00)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 31, 2004, on the ground that the appellant has absconded and is no longer available to obey the mandate of this court, and cross motion by Jones Garneau, LLP, counsel for the appellant, for leave to withdraw as counsel for the appellant and to seal the papers submitted in support of the cross motion.

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

ORDERED that the cross motion is granted, Jones Garneau, LLP, a/n/a Jones Sledzik Garneau & Nardone, LLP, is relieved from representing the appellant with respect to the instant appeal, and the papers submitted in support of the cross motion are sealed; and it is further,

ORDERED that on or before May 15, 2006, Jones Garneau, LLP, is directed to serve its client with a copy of the respondent's motion, by one of the methods specified in CPLR 2103(c), at his last known residence address and his last known e-mail address, and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that on or before May 30, 2006, the appellant, if he be so advised, may file papers in opposition to the respondent's motion; and it is further,

 ORDERED that the respondent's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the parties or their attorneys by regular mail.

SCHMIDT, J.P., LUCIANO, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court