Appellate Division: Second Judicial Department

M51512

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO, JJ.

2006-09004 Zachari Lowe, etc., et al., appellants, v Nicholas Gozo, et al., respondents. (Index No. 41753/03)

DECISION & ORDER ON MOTION

Motion by Roger M. Kunkis, of counsel to Bauman, Kunkis & Ocasio-Douglas, P.C., trial counsel to Bitman & Bitman, P.C., attorneys for the appellants, for leave for Bauman, Kunkis & Ocasio-Douglas, P.C., and Bitman & Bitman, P.C., to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated August 18, 2006.

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

ORDERED that the motion is granted, and Bauman, Kunkis & Ocasio-Douglas, P.C., and Bitman & Bitman, P.C., are relieved from representing the appellants with respect to the instant appeal; and it is further,

ORDERED that on or before March 16, 2007, Roger M. Kunkis is directed to serve the appellants 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 appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until April 30, 2007, and the record or appendix on the appeal and the appellants' 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.

RIVERA, J.P., RITTER, GOLDSTEIN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court