| Nextel of New York, Inc. v 87-10 51st Avenue Owners Cor |
| Motion No: 2005-06364 |
| Slip Opinion No: 2006 NYSlipOp 81850(U) |
| Decided on December 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
M48230
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
DANIEL D. ANGIOLILLO, JJ.
|
2005-06364 Nextel of New York, Inc., respondent- appellant, v 87-10 51st Avenue Owners Corporation, appellant-respondent.
(Index No. 6398/04)
| DECISION & ORDER ON MOTION |
Motion by the Scher Law Firm, LLP, for leave to withdraw as counsel for the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated June 6, 2005, and to stay all proceedings until a date certain so that the appellant-respondent can obtain new counsel.
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 Scher Law Firm, LLP, is relieved from representing the appellant-respondent with respect to the instant appeal; and it is further,
ORDERED that on or before December 28, 2007, Scher Law Firm, 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-respondent, 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 on or before February 1, 2007, the appellant-respondent shall inform the court (1) of the name, address, and telephone number of its new counsel, and (2) whether it will adopt the briefs already filed or serve and file replacement briefs; and it is further,
ORDERED that in the event the appellant-respondent does not inform the court (1) if the name, address, and telephone number of its new counsel, and (2) whether it will adopt the briefs already filed or serve and file replacement briefs on or before February 1, 2007, the court, on its own motion, may dismiss the appeal.
RIVERA, J.P., SPOLZINO, COVELLO and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court