| Cerruti v 1876 Muttontown, LLC |
| Motion No: 2010-01153 |
| Slip Opinion No: 2010 NY Slip Op 87162(U) |
| Decided on November 5, 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. |
Appellate Division: Second Judicial Department
M110583
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-01153 Leo E. Cerruti, appellant, v 1876 Muttontown, LLC, respondent. (Index No. 19378/07)
| DECISION & ORDER ON MOTION |
Motion by Joseph P. Ferri, Jr., Esq., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, entered December 23, 2009.
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 Joseph P. Ferri, Jr., is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before November 19, 2010, Joseph P. Ferri, Jr., is directed to serve his 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 January 18, 2011, 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., FLORIO, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court