Appellate Division: Second Judicial Department

M59916

E/sl

HOWARD MILLER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-08130 Nancy J. Tilton, et al., appellants, v Gary Trezza, et al., respondents (and another title). (Appeal No. 1) (Index No. 5818/03) 2007-00268 In the Matter of Gary Trezza, respondents, v Nancy Tilton, et al., appellants. (Appeal No. 2) (Index No. 11790/06) 2007-02801 Nancy J. Tilton, et al., appellants, v Gary Trezza, et al., defendants; Reisman, Peirez & Reisman, respondent. (Appeal No. 3) (Index No. 5818/03)

DECISION & ORDER ON MOTION

Motion by Robert F. Van der Waag, Esq., the attorney for the appellants, in effect, for leave to withdraw as counsel on appeals from a judgment of the Supreme Court, Nassau County, dated June 21, 2006, and two orders of the same court dated December 1, 2006, and February 23, 2007, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and Robert F. Van der Waag, Esq., is relieved from representing the appellants with respect to the instant appeals; and it is further,

ORDERED that on or before October 2, 2007, Robert F. Van der Waag, Esq., is directed to serve his clients 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 appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,

ORDERED that on or before December 3, 2007, the appellants shall, in connection the appeal from the judgment dated June 21, 2006 (Appellate Division Docket No. 2006-08130), (1) notify the court that they are adopting the brief filed by Robert F. Van der Waag, Esq., and serve and file a reply brief, if they be so advised, or (2) serve and file a replacement or supplemental brief; and it is further,

ORDERED that on or before December 3, 2007, the appellants shall perfect the appeals from the orders dated December 1, 2006, and February 23, 2007, respectively (Appellate Division Docket Nos. 2007-00268, 2007-02801); and it is further,

ORDERED that no further enlargements of time shall be granted.

MILLER, J.P., COVELLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court