Appellate Division: Second Judicial Department

M88682

E/mv

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-01341 In the Matter of Harry Yaros, deceased. Neal Yaros, appellant; Laura Yaros Greenberg, respondent. (File No. 3121/06)

DECISION & ORDER ON MOTION

Motion by Feder Kaszovitz, LLP, the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Surrogate's Court, Queens County, dated January 6, 2009.

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

ORDERED that the motion is granted, and Feder Kaszovitz, LLP, is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before July 10, 2009, Feder Kaszovitz, 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 respondent, 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 appellant's time to perfect the appeal is enlarged until September 10, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court