Appellate Division: Second Judicial Department

M73668

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-01958 M.A.C. Duff, Inc., d/b/a Pacific East Restaurant, respondents, v ASMAC, LLC, appellants, et al., defendant. (Index No. 30810-06)

DECISION & ORDER ON MOTION

Motion by Meltzer, Lippe, Goldstein & Breitstone, LLP, the attorney for the respondents, inter alia, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Suffolk County, dated December 28, 2007. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Meltzer, Lippe, Goldstein & Breitstone, LLP, is relieved from representing the respondents with respect to the instant appeal; and it is further,

ORDERED that on or before August 7, 2008, Meltzer, Lippe, Goldstein & Breitstone, LLP, is directed to serve its clients 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 respondents, 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 it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 22, 2008, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., SKELOS, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court