Appellate Division: Second Judicial Department

M70543

E/cb

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2007-03630 Esther Twersky, respondent-appellant, v Maryann Kazaks, etc., appellant-respondent. (Index No. 17964/02)

DECISION & ORDER ON MOTION

Motion by Wenig Saltiel & Greene, LLP, the attorney for the respondent-appellant, for leave to withdraw as counsel for the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated March 1, 2007, and to enlarge the time of the respondent-appellant to serve and file her answering brief, including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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 Wenig Saltiel & Greene, LLP, is relieved from representing the respondent-appellant with respect to the instant appeal and cross appeal; and it is further,

ORDERED that on or before May 29, 2008, Wenig Saltiel & Greene, LLP, 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 the respondent-appellant's time to perfect the appeal and cross appeal is enlarged until July 18, 2008, and the respondent-appellant's 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 no further proceedings shall be taken against the respondent-appellant, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court