Appellate Division: Second Judicial Department

M39174

S/nal

DAVID S. RITTER, J.P.

WILLIAM F. MASTRO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-09219 In the Matter of Radford Construction Co., Inc., respondent, v Power Tech Installation, Inc., appellant. (Index No. 12239/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 17, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Aderson Kill & Olick, P.C., the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Queens County, dated August 19, 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 Aderson Kill & Olick, P.C., is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before May 19, 2006, Aderson Kill & Olick, P.C., 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 the respondent, without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order.

RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court