Appellate Division: Second Judicial Department

M78036

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-00075 Delia Lopez, respondent, v Eileen Meyers, appellant. (Index No. 06-13103)

DECISION & ORDER ON MOTION

Motion by Hodges Walsh & Slater, LLP, the attorneys for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered December 4, 2007, and to enlarge the time to perfect the appeal. Application by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Hodges Walsh & Slater, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before November 17, 2008, Hodges Walsh & Slater, LLP, is directed to serve its 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 branch of the motion which is to enlarge the time to perfect the appeal and the application to enlarge the time to perfect the appeal are granted, the appellant's time to perfect the appeal is enlarged until February 17, 2009, 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, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court