| Swinton v State of New York |
| Motion No: 2006-01106 +2 |
| Slip Opinion No: 2006 NYSlipOp 82138(U) |
| Decided on December 18, 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
M48372
E/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-01106, 2006-01122, 2006-01119 Tyrone Swinton, et al., appellants, v State of New York, respondent. (Action No. 1) (Claim No. 106266) Bruce Bernard, appellant, v State of New York, respondent. (Action No. 2) (Claim No. 106353)
| DECISION & ORDER ON MOTION |
Motion by Robert Nishman, the attorney for the appellants, for leave to withdraw as counsel on appeals from a decision of the Court of Claims dated December 1, 2005, entered in both claims, and two judgments of the same court dated December 19, 2005, one entered in each claim.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the decision is dismissed without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is granted to the extent that Robert Nishman is relieved from representing the appellants with respect to the appeals from the judgments and the motion is otherwise denied as academic; and it is further,
ORDERED that on or before January 2, 2007, Robert Nishman is directed to serve his clients 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 appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,
ORDERED that the appellants' time to perfect their respective appeals from the judgments is enlarged until February 1, 2007, and the respective records or appendices on the appeals and the appellants' briefs must be served and filed on or before that date.
GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court