Appellate Division: Second Judicial Department

M52132

J/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2005-06364 Nextel of New York, Inc., respondent- appellant, v 87-10 51st Avenue Owners Corporation, appellant-respondent. (Index No. 6398/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 13, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the Scher Law Firm, LLP, for leave to withdraw as counsel for the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated June 6, 2005, and to stay all proceedings until a date certain so that the appellant-respondent can obtain new counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and Scher Law Firm, LLP, is relieved from representing the appellant-respondent with respect to the instant appeal; and it is further,

ORDERED that on or before March 30, 2007, Scher Law Firm, LLP, is directed to serve its client by (1) personal delivery upon an officer, director, managing or general agent, or to any other agent authorized by appointment, and (2) upon the secretary of state as agent in accordance with Business Corporation Law §306(b)(1), 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 appellant-respondent, without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order; and it is further,

ORDERED that on or before April 20, 2007, the appellant-respondent shall inform the court (1) of the name, address, and telephone number of its new counsel, and (2) whether it will adopt the briefs already filed or serve and file replacement briefs; and it is further,

ORDERED that in the event the appellant-respondent does not inform the court (1) if the name, address, and telephone number of its new counsel, and (2) whether it will adopt the briefs already filed or serve and file replacement briefs on or before April 20, 2007, the court, on its own motion, may dismiss the appeal.

RIVERA, J.P., SPOLZINO, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court