Appellate Division: Second Judicial Department

M50974

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

WILLIAM E. McCARTHY, JJ.

2006-06089 Janet Callaghan, respondent, v W. Robert Curtis, etc., et al., appellants. (Index No. 06-20136)

DECISION & ORDER ON MOTION

Motion by David M. Bushman, Esq., the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered June 1, 2006. Cross motion by the appellants, inter alia, to disqualify David M. Bushman, Esq., from acting as counsel for the respondent on the appeal.

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 motion is granted, and David M. Bushman, Esq., is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before March 6, 2007, David M. Bushman, Esq., is directed to serve his 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 respondent, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until May 7, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to disqualify David M. Bushman, Esq., from acting as counsel for the respondent on the appeal is denied as academic; and it is further,

ORDERED that the cross motion is otherwise denied.

MILLER, J.P., SPOLZINO, GOLDSTEIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court