Appellate Division: Second Judicial Department

M57055

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-09003, 2006-09175, 2006-09863 In the Matter of James Voyiatgis, deceased. Elaine Lelekakis, et al., appellants-respondents; Terry Voyiatgis, respondent-appellant. (Appeal No. 1) In the Matter of James Voyiatgis, deceased. Elaine Lelelakis, appellant; Terry Voyiatgis, respondent. (Appeal No. 2 & 3) (File No. 2570/03)

DECISION & ORDER ON MOTION

Motion by Somekh & Sarlis, the attorney for Elaine Lelekakis, for leave to withdraw as counsel on an appeal and cross appeal from a decree of the Surrogate's Court, Queens County, dated August 16, 2006, an appeal from an order of the same court dated August 14, 2006, and an appeal from a decree of the same court dated September 12, 2006, to enlarge the time to perfect the appeals, and to consolidate the appeals and cross appeal.

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

ORDERED that the branch of the motion which is for leave to withdraw is granted, and Somekh & Sarlis is relieved from representing Elaine Lelekakis with respect to the instant appeals and cross appeal; and it is further,

ORDERED that on or before July 26, 2007, Somekh & Sarlis is directed to serve its client 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 Elaine Lelekakis, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted to the extent that Elaine Lelekakis's time to perfect the appeals is enlarged until September 25, 2007, and the joint record or appendix and Elaine Lelekakis's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal is denied as unnecessary as the appeals and cross appeal may be consolidated as of right (see 22NYCRR 670.7[c][1]).

MILLER, J.P., SCHMIDT, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court