Appellate Division: Second Judicial Department

M95217

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WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-02266 In the Matter of Anthony Panagio, petitioner, v Dutchess County Public Works, et al., respondents. (Index No. 7910/08)

DECISION & ORDER ON MOTION

Motion by Vergilis, Stenger, Roberts, Davis & Diamond, LLP, the attorney for the petitioner, for leave to withdraw as counsel in a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Dutchess County, dated March 4, 2009.

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 Vergilis, Stenger, Roberts, Davis & Diamond, LLP, is relieved from representing the petitioner with respect to the instant proceeding; and it is further,

ORDERED that on or before December 15, 2009, Vergilis, Stenger, Roberts, Davis & Diamond, LLP, 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 petitioner, without leave of the court, until the expiration of 30 days after service upon it of a copy of this order; and it is further,

ORDERED that the petitioner's time to perfect the proceeding is enlarged until January 29, 2010, and the record or appendix and the petitioner'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.

MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court