Appellate Division: Second Judicial Department

M102347

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-10231 Tucker's Waste Consolidators, Inc., appellant, v Worldwide Waste Services, Inc., et al., respondents. (Index No. 22896-05)

DECISION & ORDER ON MOTION

Motion by Weinberg, Gross & Pergament, LLP, the attorneys for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Suffolk County, entered September 29, 2009.

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

ORDERED that the motion is granted, and Weinberg, Gross & Pergament, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before May 20, 2010, Weinberg, Gross & Pergament, LLP, is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended until July 6, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court