Appellate Division: Second Judicial Department

M91394

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2008-08664, 2009-02851 Steven Dana, etc., et al., appellants, et al., plaintiffs, v Shopping Time Corp., et al., respondents. (Index No. 4570/08)

DECISION & ORDER ON MOTION

Motion by Goetz, Fitzpatrick, LLP, the attorneys for the respondent Binyamin Bracha, for leave to withdraw as counsel on appeals from two orders of the Supreme Court, Kings County, dated July 7, 2008, and December 18, 2008, respectively.

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 Goetz, Fitzpatrick, LLP, is relieved from representing the respondent Binyamin Bracha with respect to the instant appeal; and it is further,

ORDERED that on or before September 11, 2009, Goetz, Fitzpatrick, 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 Binyamin Bracha, 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 the respondent Binyamin Bracha's time to serve and file a brief is enlarged until November 25, 2009, and the respondent Binyamin Bracha's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court