Appellate Division: Second Judicial Department

M94946

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-03866 Bella B. Aloyts, et al., respondents, v 601 Tenants Corp., et al., appellants. (Index No. 30043/06)

DECISION & ORDER ON MOTION

Motion by the appellant Jeff Berger on an appeal from an order of the Supreme Court, Kings County, dated April 13, 2009, to direct the appellant 601 Tenants Corp. to pay for and have their new counsel accept a copy of the case file maintained by Arthur Morrison, Esq., for 601 Tenants Corp. to reimburse Jeff Berger for its share of the printing costs and filing fee with respect to the appeal, and, in effect, to allow Arthur Morrison, Esq., to withdraw as counsel for the appellant 601 Tenants Corp.

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

ORDERED that the branch of the motion which is to direct the appellant 601 Tenants Corp. to pay for and have their new counsel accept a copy of the case file maintained by Arthur Morrison, Esq., is denied as academic as a copy of the case file has been delivered to incoming counsel; and it is further,

ORDERED that the branch of the motion which is for 601 Tenants Corp. to reimburse Jeff Berger for its share of the printing costs and filing fee with respect to the appeal is denied without prejudice to seeking relief in the Supreme Court, Kings County; and it is further,

ORDERED that the branch of the motion which is, in effect, to allow Arthur Morrison, Esq., to withdraw as counsel for the appellant 601 Tenants Corp. is granted, and on or before December 8, 2009, Arthur Morrison, Esq., shall serve the appellant 601 Tenants Corp. and Edward Mermelstein, Esq., 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 on or before January 7, 2010, the appellant 601 Tenants Corp. shall either (1) withdraw its appeal or (2) have counsel file a notice of appearance and notify the court whether counsel will be adopting the brief filed by Arthur Morrison, Esq., or filing a new brief; in the event that a new brief is filed, the brief shall be served and filed on or before February 8, 2010, and 601 Tenants Corp. Shall file proof that it has paid its share of the printing costs and filing fee at the time it files its brief.

SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court