Appellate Division: Second Judicial Department

M103392

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-08981 John A. Tartaglia, respondent, v Joseph Celentano, et al., appellants, et al., defendant. (Index No. 4850/07)

DECISION & ORDER ON MOTION

Motion by McMillan, Constable, Maker & Perone, LLP, the attorneys for the appellants, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, dated August 12, 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 McMillan, Constable, Maker & Perone, LLP, is relieved from representing the appellants with respect to the instant appeal; and it is further,

ORDERED that on or before June 8, 2010, McMillan, Constable, Maker & Perone, LLP, is directed to serve its clients 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 appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this order; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until July 9, 2010, and the record or appendix on the appeal and the appellants' 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.

SANTUCCI, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court