| Hopstock v Close |
| Motion No: 2006-07692 |
| Slip Opinion No: 2007 NYSlipOp 62587(U) |
| Decided on February 6, 2007 |
| 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
M50525
E/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2006-07692 Ronald Hopstock, appellant, v Edward Close, et al., respondents. (Index No. 13129/04)
| DECISION & ORDER ON MOTION |
Motion by Jacoby & Meyers, LLP, the attorney for the appellant, in effect, to recall and vacate a prior decision and order on motion of this court dated November 22, 2006, granting its motion for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Richmond County, dated May 23, 2006, to reissue the order granting its motion, and to enlarge its time to serve it client with the order.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that its decision and order on motion of this court dated November 22, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Jacoby & Meyers, LLP, the attorney for the appellant, failure to withdraw a counsel on an appeal from an order of the Supreme Court, Richmond County, dated May 23, 2006.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion for leave to withdraw as counsel on the appeal is granted, and Jacoby & Meyers, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before February 23, 2007, Jacoby & Meyers, 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 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 appellant without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order.
SPOLZINO, J.P., SKELOS, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court