Appellate Division: Second Judicial Department

M111270

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-07552 47 Thames Realty, LLC, appellant, v Paul Rusconie, et al., respondents. (Index No. 33627/07)

DECISION & ORDER ON MOTION

Motion by Kucker & Bruh, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated July 6, 2009, and to enlarge the appellant's time to serve and file a reply brief responding to the respondents' supplemental brief.

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

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

ORDERED that on or before January 10, 2011, Kucker & Bruh, 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 it of a copy of this order; and it is further,

ORDERED that pursuant to CPLR 321, on or before February 9, 2011, the appellant shall notify the Clerk of this Court in writing that it has retained a new attorney and its new attorney either (1) adopts the record and brief, and reply brief on file with this Court, (2) adopts the record and brief, and reply brief on file with this Court and requests leave to serve and file a supplemental brief, or (3) withdraws the record and briefs on file with this Court and requires an extension of time to serve and file a replacement record and brief; and it is further,

ORDERED that in the event that by February 9, 2011, the appellant does not notify the Clerk of this Court in writing that it has retained a new attorney and its new attorney either (1) adopts the record and brief, and reply brief on file with this Court, (2) adopts the record and brief, and reply brief on file with this Court and requests leave to serve and file a supplemental brief, or (3) withdraws the record and briefs on file with this Court and requires an extension of time to serve and file a replacement record and brief, the Court, on its own motion, may dismiss the appeal (see CPLR 321); and it is further,

ORDERED that in the event that the appellant's new attorney adopts the record and brief, and reply brief on file with this Court and does not request leave to serve and file a supplemental brief, then the appellant's reply brief, if any, to the respondents' supplemental brief shall be served and filed on or before February 23, 2011; and it is further,

ORDERED that in the event that the appellant's new attorney adopts the record and brief, and reply brief on file with this Court and requests leave to serve and file a supplemental brief, or withdraws the record and brief, and reply brief on file with this Court and requires an extension of time to serve and file a replacement record and brief, then the supplemental brief or replacement record and brief shall be served and filed on or before March 11, 2011.

RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court