Appellate Division: Second Judicial Department

M48080

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-04873 In the Matter of Cosmetically Sealed Industries, Inc. George Freedman, appellant; David Klein, et al., respondents. (Index No. 05-21196)

DECISION & ORDER ON MOTION

Motion by Wormser, Kiely, Galef & Jacobs, LLP, attorneys for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered March 23, 2006. Application by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and Wormser, Kiely, Galef & Jacobs, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before December 27, 2006, Wormser, Kiely, Galef & Jacobs, LLP, 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 appellant, without leave of the court, until the expiration of 30 days after service upon him 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 February 26, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., RIVERA, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court