Appellate Division: Second Judicial Department

M52055

T/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

JOSEPH COVELLO, JJ.

2006-05181, 2006-09048 Warehouse Specialists, Inc., respondent, v Fashion Eyes, Inc., et al., appellants. (Index No. 15364/05)

DECISION & ORDER ON MOTION

Motion by Adam Leitman Bailey, P.C., the attorneys for the appellants, for leave to withdraw as counsel on appeals from two orders of the Supreme Court, Nassau County, dated May 1, 2006, and August 25, 2006, respectively.

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 Adam Leitman Bailey, P.C., is relieved from representing the appellants with respect to the instant appeals; and it is further,

ORDERED that on or before March 30, 2007, Adam Leitman Bailey, P.C., is directed to serve its 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 pursuant to CPLR 321, on or before April 30, 2007, the appellants shall retain new counsel and provide the Clerk of this court with the name of new counsel; and it is further,

ORDERED that in the event that the appellants do not provide the Clerk of this court with the name of their new counsel by April 30, 2007, the court, on its own motion, may dismiss the appeals (see CPLR 321); and it is further,

ORDERED that the appellants' time to serve and file a reply brief is enlarged until May 15, 2007.

MILLER, J.P., SANTUCCI, FLORIO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court