Appellate Division: Second Judicial Department

M44083

C/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2006-03275 Legacy Homes, Inc., appellant, v Richard LeCausi, et al., respondents. (Index No. 16551-04)

DECISION & ORDER ON MOTION

Motion by Bjorn J. Holubar, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Suffolk County, dated March 14, 2006, and for a retaining lien on the appellant's files.

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 branch of the motion which is for leave to withdraw as counsel is granted, and Bjorn J. Holubar is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before September 22, 2006, Bjorn J. Holubar is directed to serve his 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 appellant, without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until November 21, 2006, and the appeal shall be perfected on or before that date; and it is further,

ORDERED that the branch of the motion which is for a retaining lien is denied as unnecessary (see Judiciary Law § 475).

SANTUCCI, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court