Day v Davis
Motion No: 2008-00850
Slip Opinion No: 2008 NYSlipOp 69058(U)
Decided on April 14, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M68991

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2008-00850

Mary Day, appellant,

v Theodore M. Davis, etc., respondent.

(Index No. 3676/07)

DECISION & ORDER ON MOTION

Motion by Andrew Lavoot Bluestone, Esq., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated December 5, 2007.

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

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

ORDERED that on or before April 28, 2008, Andrew Lavoot Bluestone, 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 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 her of a copy of this decision and order on motion.

MILLER, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court