Appellate Division: Second Judicial Department

M54288

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2006-04216 Bank One National Association, etc., appellant, v Leonie Neufville, et al., defendants, Brian B. Corriette, respondent. (Index No. 03-5892)

DECISION & ORDER ON MOTION

Motion by Buchanan Ingersoll & Rooney, P.C., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, entered March 17, 2006.

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 Buchanan Ingersoll & Rooney, P.C., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before May 22, 2007, Buchanan Ingersoll & Rooney, P.C., is directed to serve its 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 on or before June 21, 2007, the appellant shall notify this court in writing that it has retained a new attorney to represent it on the appeal and its new attorney either (1) adopts the record and brief, and reply brief on file with this court, (2) adopts the record and brief, and reply brief on file with this court and requests leave to serve and file a supplemental brief, or (3) withdraws the record and briefs on file with this court and requires an extension of time to serve and file a replacement record and brief; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, 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 the appeal is removed from the May 14, 2007, calendar and will be recalendared.

RITTER, J.P., GOLDSTEIN, FISHER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court