Appellate Division: Second Judicial Department

M113734

T/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-11159 47 Thames Realty, LLC, appellant-respondent, v Ellen Robinson, et al., respondents-appellants. (Index No. 22227/06)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated December 13, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Kucker & Bruh, LLP, counsel for the appellant-respondent, for leave to withdraw as counsel on an appeal and cross appeal from order of the Supreme Court, Kings County, dated September 14, 2009.

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

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

ORDERED that on or before January 21, 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-respondent, 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 22, 2011, the appellant-respondent 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 the appellant-respondent does not notify the Clerk of this Court by February 22, 2011, 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-respondent'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 briefs 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 21, 2011.

MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court