| Smart v State of New York |
| Motion No: 2008-02199 |
| Slip Opinion No: 2008 NYSlipOp 84041(U) |
| Decided on September 25, 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
M76267
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2008-02199 Pamela Smart, appellant, v State of New York, respondent. (Claim No. 98024)
| DECISION & ORDER ON MOTION |
Motion by Gregory A. Adamski, Karen Conti, Samantha Engel, and Adamski & Conti, the attorneys for the appellant, in effect, for leave to withdraw as counsel on an appeal from a judgment of the Court of Claims dated February 14, 2008. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, and upon the application, it is
ORDERED that on the court's own motion, the notice of appeal from a decision of the Court of Claims dated December 21, 2007, is deemed to be a notice of appeal from the judgment dated February 14, 2008 (see CPLR 5512); and it is further,
ORDERED that the motion is granted, and Gregory A. Adamski, Karen Conti, Samantha Engel, and Adamski & Conti, are relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before October 9, 2008, Gregory A. Adamski, Karen Conti, Samantha Engel, and Adamski & Conti, are directed to serve their 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 her 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 appeal is enlarged until November 24, 2008, and the record or appendix on the appeal and the 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.
SKELOS, J.P., FISHER, DICKERSON and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court