Appellate Division: Second Judicial Department

M76975

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-04563 David Kenner, appellant, v Mohammed Israr, et al., respondents. (Index No. 9597/06)

DECISION & ORDER ON MOTION

Motion by Robert E. Silverberg, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated March 19, 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 E. Silverberg is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before October 23, 2008, Robert E. Silverberg 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until December 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.

RIVERA, J.P., LIFSON, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court