Appellate Division: Second Judicial Department

M93506

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-02937 John Liotta, respondent, v Richard Mattone, etc., et al., appellants. (Index No. 11859/08)

DECISION & ORDER ON MOTION

Motion by Goldstein & Avrutine, the attorneys for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, dated March 11, 2009.

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

ORDERED that the motion is granted, and Goldstein & Avrutine is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before November 5, 2009, Goldstein & Avrutine is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this order 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 him of a copy of this order; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until January 4, 2010, and the respondent'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., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court