Appellate Division: Second Judicial Department

M40145

S/nal

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 20, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 June 9, 2006, Jones Garneau, LLP, is directed to serve its client with a copy of the respondent's motion and this decision and order on 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 June 23, 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