Appellate Division: Second Judicial Department

M108836

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-02498 Howard Schwartz Commercial Real Estate, LLC, et al., respondents v Alexander Ashkenazi, et al., appellants. (Index No. 29124/08)

DECISION & ORDER ON MOTION

Motion by Sol Mermelstein, the attorney for the appellants, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated December 22, 2009, and to enlarge the time to perfect the appeal.

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 Sol Mermelstein is relieved from representing the appellants with respect to the instant appeal; and it is further,

ORDERED that on or before October 12, 2010, Sol Mermelstein is directed to serve his 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 the appellants of a copy of this order; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until November 19, 2010, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court