Appellate Division: Second Judicial Department

M59872

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

JOSEPH COVELLO, JJ.

2006-05181, 2006-09048 Warehouse Specialists, Inc., respondent, v Fashion Eyes, Inc., et al., appellants. (Index No. 15364/05)

DECISION & ORDER ON MOTION

Appeal by the defendants from two orders of the Supreme Court, Nassau County, dated May 1, 2006, and August 25, 2006, respectively. By decision and order on motion of this court dated March 14, 2007, the appellants' counsel was relieved, the appellants were directed to retain new counsel and provide the Clerk of this court with the name of new counsel on or before April 30, 2007, and the appellants were advised that if they did not provide the Clerk of this court with the name of their new counsel by April 30, 2007, the court, on its own motion, might dismiss the appeals (see CPLR 321). The appellants have not provided the Clerk of this court with the name of new counsel.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled action for failure to comply with the decision and order on motion of this court dated March 14, 2007, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 10, 2007; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

MILLER, J.P., SANTUCCI, FLORIO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court