Appellate Division: Second Judicial Department

M71442

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2007-10032, 2007-11772 In the Matter of Eastland Construction, Inc., appellant, v Board of Education of Rye City School District, et al., respondents. (Index No. 07-17790)

DECISION & ORDER ON MOTION

Motion by Neil B. Connelly, Esq., the attorney for the appellant, for leave to withdraw as counsel on appeals from a judgment of the Supreme Court, Westchester County, entered October 3, 2007, and an order of the same court entered December 6, 2007. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

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

ORDERED that the motion is granted, and Neil B. Connelly, Esq., is relieved from representing the appellant with respect to the instant appeals; and it is further,

ORDERED that on or before June 19, 2008, Neil B. Connelly, 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 it of a copy of this decision and order on motion; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until September 2, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

SPOLZINO, J.P., RITTER, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court