Gutierrez v Steven Lincoln-Mercury, Inc.
Motion No: 2008-00611
Slip Opinion No: 2008 NYSlipOp 81814(U)
Decided on September 5, 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

M75293

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-00611

Dios Gutierrez, appellant, v Steven

Lincoln-Mercury, Inc., et al., respondents.

(Index No. 17180/86)

DECISION & ORDER ON MOTION

Motion by Leonard A. Sheft on an appeal from an order of the Supreme Court, Kings County, dated August 15, 2007, for leave for Mound Cotton Wollan & Greengrass to withdraw as counsel for the respondent Steven Lincoln-Mercury, Inc., and to dismiss the appeal as against Steven Lincoln-Mercury, Inc.

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

ORDERED that the branch of the motion which is for leave for Mound Cotton Wollan & Greengrass to withdraw as counsel for the respondent Steven Lincoln-Mercury, Inc., is denied as unnecessary as that firm was never retained by that party; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal as against Steven Lincoln-Mercury, Inc., is denied on the ground that the movant does not represent that party.

FISHER, J.P., BALKIN, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court