Appellate Division: Second Judicial Department

M60855

S/sl

GABRIEL M. KRAUSMAN, J.P.

ANITA R. FLORIO

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2007-07845 Chas. H. Sells, Inc., respondent, v Kingsview Acres Corp., appellant; Acquvest, Inc., proposed-intervenor. (Index No. 10592/06)

DECISION & ORDER ON MOTION

Motion by Danzig, Fishman & Decea, the attorneys for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered May 11, 2007.

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

ORDERED that the motion is granted, and Danzig, Fishman & Decea is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before October 20, 2007, Danzig, Fishman & Decea 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 it of a copy of this decision and order; and it is further,

ORDERED that the appellant's time to serve and file opposition to the respondent's motion to dismiss the appeal which was returnable before this Court on October 5, 2007, is enlarged until November 27, 2007.

KRAUSMAN, J.P., FLORIO, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court