Brown Bark I, L.P. v Imperial Development and Constructi
Motion No: 2008-00151
Slip Opinion No: 2008 NYSlipOp 71933(U)
Decided on May 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

M70483

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-00151, 2008-00155

Brown Bark I, L.P., etc., respondent,

v Imperial Development and Construction

Corp., et al., appellants.

(Index No. 24815/06)

DECISION & ORDER ON MOTION

Motion by Arthur J. Teichberg, Esq., the attorney for the appellants, for leave to withdraw as counsel on appeals from an order of the Supreme Court, Queens County, dated November 20, 2007, and a judgment of the same court entered December 14, 2007, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Arthur J. Teichberg, Esq., is relieved from representing the appellants with respect to the instant appeals; and it is further,

ORDERED that on or before May 29, 2008, Arthur J. Teichberg, 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 the appellants' time to perfect the appeals is enlarged until July 28, 2008, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is granted to the extent that no further proceedings shall be taken against the appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion and that branch of the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court