Appellate Division: Second Judicial Department

M57722

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FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-03105 Robert Sherman, appellant, v Michael Klein, et al., respondents. (Index No. 10043/04)

DECISION & ORDER ON MOTION

Motion by Delbello Donnellan Weingarten Wise & Wiederkehr, LLP, the attorneys for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, dated February 27, 2007, for a retaining lien on the appellant's files, and to enlarge the appellant's time to perfect the 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 as counsel is granted, and Delbello Donnellan Weingarten Wise & Wiederkehr, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before August 13, 2007, Delbello Donnellan Weingarten Wise & Wiederkehr, LLP, 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 the appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is for a retaining lien is denied as unnecessary (see Judiciary Law § 475); and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to perfect the appeal is denied as premature.

SANTUCCI, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court