Appellate Division: Second Judicial Department

M109069

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2010-03752 In the Matter of Joseph DiVittorio, appellant, v Adrienne Giannadeo, et al., respondents. (Index No. 11120-09)

DECISION & ORDER ON MOTION

Motion by Berkman, Henoch, Peterson, Peddy & Fenchel., P.C., f/k/a Berkman, Henoch, Peterson & Peddy, P.C., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Suffolk County, dated March 3, 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 Berkman, Henoch, Peterson, Peddy & Fenchel., P.C., f/k/a Berkman, Henoch, Peterson & Peddy, P.C., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before October 15, 2010, Berkman, Henoch, Peterson, Peddy & Fenchel., P.C., f/k/a Berkman, Henoch, Peterson & Peddy, P.C., 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; 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 order; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until November 15, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., DILLON, FLORIO and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court