Appellate Division: Second Judicial Department

M111089

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-05835 In the Matter of CACV of Colorado, LLC, respondent, v Mark W. Lindberg, appellant. (Index No. 09-17944)

DECISION & ORDER ON MOTION

Motion by Rattet, Pasternak & Gordon Oliver, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered May 21, 2010, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Rattet, Pasternak & Gordon Oliver, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before December 2, 2010, Rattet, Pasternak & Gordon Oliver, 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; 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 branch of the motion which is to enlarge the time to perfect the appeal is granted to the extent that the appellant's time to perfect the appeal is enlarged until January 31, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied.

RIVERA, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court