Appellate Division: Second Judicial Department

M52624

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-09418 Maudline Smith, appellant-respondent, v Ameriquest Mortgage Company, et al., respondents-appellants, Daniel Chan, et al., respondents. (Index No. 32879/02)

DECISION & ORDER ON MOTION

Motion by Crystal Burden, Esq., 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 September 18, 2006.

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

ORDERED that the motion is granted, and Crystal Burden, Esq., is relieved from representing the appellant-respondent with respect to the instant appeal; and it is further,

ORDERED that on or before April 12, 2007, Crystal Burden, Esq., is directed to serve her client 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 appellant-respondent, without leave of the court, until the expiration of 30 days after service upon her a copy of this decision and order; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until May 14, 2007, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before June 28, 2007 (see 22 NYCRR 670.8[c][3]).

SPOLZINO, J.P., KRAUSMAN, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court