Appellate Division: Second Judicial Department

M86354

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ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-10244 D Z Halo, appellant, v Dem Construction Co., et al., respondents. (Index No. 2581/02)

ECISION & ORDER ON MOTION

Motion by Fellows, Hymowitz & Epstein, P.C., the attorney for the appellant, in effect, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Rockland County, dated September 12, 2008, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and Fellows, Hymowitz & Epstein, P.C., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before May 22, 2009, Fellows, Hymowitz & Epstein, 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 the appellant 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 July 22, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court