Smith v High Country Properties, LLC
Motion No: 2010-04108
Slip Opinion No: 2010 NY Slip Op 76914(U)
Decided on July 14, 2010
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

M105720

S/sl

FRED T. SANTUCCI, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-04108

John Smith, appellant,

v High Country Properties, LLC, et al.,

respondents.

(Index No. 6667/07)

DECISION & ORDER ON MOTION

Motion by Finkelstein & Partners, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Dutchess County, dated March 19, 2010.

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

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

ORDERED that on or before July 27, 2010, Finkelstein & Partners, 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court