Appellate Division: Second Judicial Department

M85477

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WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-10938 Matthew Schwartz, appellant, v Malba Association, respondent. (Index No. 16484/07)

DECISION & ORDER ON MOTION

Motion by Farrell Fritz, P.C., the attorneys for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Queens County, entered October 21, 2008. Application by the respondent to dismiss the appeal and for an attorney's fee.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the application, it is

ORDERED that the motion is granted, and Farrell Fritz, P.C., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before May 4, 2009, Farrell Fritz, P.C., 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until June 19, 2009, 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 the application is denied without prejudice to making a motion for that relief.

MASTRO, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court