| Shelvin Plaza Associates, LLC v Wheatley Capital, Inc. |
| Motion No: 2008-04861 |
| Slip Opinion No: 2008 NYSlipOp 81407(U) |
| Decided on August 28, 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. |
Appellate Division: Second Judicial Department
M75099
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2008-04861 Shelvin Plaza Associates, LLC, respondent, v Wheatley Capital, Inc., et al., appellants. (Index No. 16334/06)
| DECISION & ORDER ON MOTION |
Motion by Robert M. Bursky, Esq., the attorney for the appellants Wheatley Capital, Inc., and Louis Ottimo, for leave to withdraw as counsel for those appellants on an appeal from a judgment of the Supreme Court, Nassau County, entered March 3, 2008.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Robert M. Bursky is relieved from representing the appellants Wheatley Capital, Inc., and Louis Ottimo with respect to the instant appeal; and it is further,
ORDERED that on or before September 12, 2008, Robert M. Bursky is directed to serve the appellants Wheatley Capital, Inc., and Louis Ottimo 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 appellants Wheatley Capital, Inc., and Louis Ottimo, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion.
MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court