| Ruddy v Lexington Insurance Company |
| Motion No: 2005-05487 |
| Slip Opinion No: 2006 NYSlipOp 79932(U) |
| Decided on November 15, 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
M46904
E/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-05487 Harry Ruddy, et al., respondents-appellants, v Lexington Insurance Company, et al., respondents, Treiber Group, LLC, s/h/a Treiber, defendant third-party plaintiff-respondent; AFG Partners, third-party defendant appellant-respondent. (Index No. 20736/02)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 27, 2005, to dismiss the cross appeal on the ground that the respondents-appellants failed to pay for their share of the joint record on appeal and supplemental joint record on appeal. Cross motion by Weisberg & Weisberg, the attorneys for the respondents-appellants, to be relieved.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, and Weisberg & Weisberg is relieved from representing the respondents-appellants with respect to the instant appeal and cross appeal; and it is further,
ORDERED that on or before November 29, 2006, Weisberg & Weisberg is directed to serve its clients 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 respondents-appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order; and it is further,
ORDERED that on or before December 29, 2006, the respondents-appellants shall (1) either retain new counsel and provide the attorney's name and address to Clerk of this court or advise the court that they will proceed pro se, and (2) pay for their share of the joint record on appeal and supplemental joint record on appeal and file proof of payment with the Clerk of this court; and it is further,
ORDERED that the motion is held in abeyance in the interim.
SANTUCCI, J.P., GOLDSTEIN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court