Appellate Division: Second Judicial Department

M63598

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-06914 Eleanor Capogrosso, appellant, v Mark Kressner, etc., et al., respondents. (Index No. 06-11225)

DECISION & ORDER ON MOTION

Motion by Michael H. Zhu, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered May 21, 2007. Application by the appellant pro se to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application, it is

ORDERED that the motion is granted, and Michael H. Zhu, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before December 26, 2007, Michael H. Zhu, Esq., is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion 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 her of a copy of this decision and order on motion; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until March 20, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MASTRO, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court