Appellate Division: Second Judicial Department

M104862

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-11175, 2010-03617 Shania-Gay Ffrench, appellant, v Guirlane Agnant, etc., et al., defendants; Tabner, Ryan and Keniry, LLP, nonparty- respondent. (Index No. 02-14401)

DECISION & ORDER ON MOTION

Motion by Tabner, Ryan and Keniry, LLP, former counsel for the appellant, to withdraw as counsel on appeals from two orders of the Supreme Court, Westchester County, dated October 22, 2009 (Appellate Division Docket No. 2009-11175), and March 12, 2010 (Appellate Division Docket No. 2010-03617), respectively.

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

ORDERED that on the court's own motion, the appeal from the order dated October 2, 2009 (Appellate Division Docket No. 2009-11175), is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by that order (see CPLR 5511); and it is further,

ORDERED that the motion is denied as unnecessary as the appellant has discharged Tabner, Ryan and Keniry, LLP; and it is further,

ORDERED that on or before July 26, 2010, Tabner, Ryan and Keniry, 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.

SKELOS, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court