Appellate Division: Second Judicial Department

M81366

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-07458, 2008-07465 Hesham Hussein, et al., respondents, v Natalie Esterman, et al., appellants, et al., defendants. (Index No. 102685/08)

DECISION & ORDER ON MOTION

Motion by Gideon S. Schwartz, Esq., the attorney for the appellants Sergey Gurov, Joann Kotler, and Joel Kotler, for leave to withdraw as counsel on appeals from two orders of the Supreme Court, Richmond County, both dated July 11, 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 Gideon S. Schwartz, Esq., is relieved from representing the appellants Sergey Gurov, Joann Kotler, and Joel Kotler with respect to the instant appeals; and it is further,

ORDERED that on or before February 4, 2009, Gideon S. Schwartz, Esq., is directed to serve his clients 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 Sergey Gurov, Joann Kotler, and Joel Kotler, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,

ORDERED that the time to perfect the appeals is enlarged until April 6, 2009, and the record or appendix on the appeals and the appellants brief(s) must be served and filed on or before that date.

SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court