Appellate Division: Second Judicial Department

M66052

E/sl

STEVEN P. FISHER, J.P.

HOWARD MILLER

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-00029, 2007-00030, 2007-00031 Debcon Financial Services, Inc., plaintiff, v 83-17 Broadway Corp., appellant, et al., defendant; Brett Morgan, LLC, nonparty- respondent. (Appeals 1 & 2) (Index No. 9555/98)

DECISION & ORDER ON MOTION

Motion by Edward Miller, Esq., attorney for the appellant, for leave to withdraw as counsel on appeals from three orders of the Supreme Court, Queens County, all entered November 22, 2006. Cross motion by the nonparty-respondent Brett Morgan, LLC, to dismiss the appeals on the ground that they were not timely perfected.

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

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

ORDERED that on or before February 21, 2008, Edward Miller, 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 and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED the appellant's time to perfect the appeals is enlarged until March 24, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED the cross motion is denied.

FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court