Appellate Division: Second Judicial Department

M60872

S/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

Appeal by the plaintiff from an order of the Supreme Court, Nassau County, entered March 17, 2006. The appeal was perfected in January 2007 and was placed on this Court's calendar for May 14, 2007. By decision and order on motion dated May 7, 2007, the motion of Buchanan, Ingersoll & Rooney, P.C., to withdraw as counsel for the appellant was granted and the case was removed from the calendar of May 14, 2007. The decision and order on motion dated May 7, 2007, provided, inter alia, for Buchanan Ingersoll & Rooney, P.C., to serve its client by one of the methods specified in CPLR 2103(c), with a copy of the decision and order on motion and to file proof of such service with the Clerk of this Court, and on or before June 21, 2007, the appellant was to notify this Court in writing that it had retained a new attorney to represent it on the appeal and its new attorney either (1) adopted the record and brief, and reply brief on file with this Court, (2) adopted 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 briefs. Buchanan Ingersoll & Rooney, P.C., filed proof of service with the Clerk of the Court indicating that the decision and order on motion dated May 7, 2007, was served on May 9, 2007. The appellant has not complied with the directives contained in the decision and order on motion dated May 7, 2007. By order to show cause dated September 17, 2007, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the above- entitled appeal based on the appellant's failure to comply with the decision and order on motion dated May 7, 2007.

Upon the Court's own motion and the papers filed in relation thereto, it is

ORDERED that the appeal is dismissed, with costs to the respondent.

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

ENTER:

James Edward Pelzer

Clerk of the Court