| Mortgage Electronic Registration Systems, Inc. v Samuel |
| Motion No: 2006-04215 |
| Slip Opinion No: 2006 NYSlipOp 72010(U) |
| Decided on July 13, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M42059
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2006-04215 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Olabell Himmel Samuel, appellant, et al., defendant. (Index No. 14066/05)
| DECISION & ORDER ON MOTION |
Motion by Thomas F. Liotti, Esq., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, entered April 18, 2006, and, in effect, to amend so much of a prior decision and order on motion of this court dated May 19, 2006, as conditioned the grant of a stay upon perfection of the appeal on or before June 19, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and Thomas F. Liotti, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before July 24, 2006, Thomas F. Liotti, Esq., is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion 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 her of a copy of this decision and order on motion; and it is further,
ORDERED that the decision and order on motion of this court dated May 19, 2006, is amended by deleting from the decretal paragraphs thereof the date "June 19, 2006," and substituting therefor the date "August 23, 2006," and the appellant shall perfect the appeal on or before that date; and it is further,
ORDERED that if the appeal is not perfected on or before August 23, 2006, the court, on its own motion, may vacate the stay, or the respondent may move, on three days notice, to vacate the stay.
SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court