Appellate Division: Second Judicial Department

M99092

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2009-04871 Hyacinth Danne, appellant, v Otis Elevator Company, defendant, Cushman & Wakefield, respondent. (Index No. 4529/96)

DECISION & ORDER ON MOTION

Motion by Jacoby & Meyers, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Queens County, entered March 23, 2009. Separate motion by the respondent, inter alia, to stay the accrual of interest on the judgment or to place the amount of the judgment in escrow pending determination of the appeal.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motion of Jacoby & Meyers, LLP, is granted, and Jacoby & Meyers, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before March 11, 2010, Jacoby & Meyers, 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 appellant, without leave of the court, until the expiration of 30 days after service upon her of a copy of this order; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 26, 2010, and the record or appendix on the appeal and the appellant'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; and it is further,

ORDERED that the respondent's motion is denied without prejudice to moving for the same relief in the Supreme Court, Queens County.

RIVERA, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court