Kosling v Sloan
Motion No: 2009-04705
Slip Opinion No: 2009 NY Slip Op 90687(U)
Decided on December 9, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M95658

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-04705

Paul Kosling, et al., appellants,

v Bernard Sloan, et al., respondents.

(Index No. 29461-04)

DECISION & ORDER ON MOTION

Motion by the appellant Paul Kosling pro se to vacate an order on application dated November 2, 2009, withdrawing an appeal from an order of the Supreme Court, Suffolk County, dated April 9, 2009, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied with leave to renew by the appellants attorney of record, or it the appellants have discharged their attorney, by the appellants pro se, upon papers indicating that the appellants have discharged their attorney of record and setting forth the status of the settlement.

We note that the appellant Marlene Kosling must appear either pro se or by an attorney (see CPLR 321[a]).

RIVERA, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court