Appellate Division: Second Judicial Department

M114773

E/ct

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2010-08797 Sha-Kie Williams, plaintiff-respondent, v Suffolk County Sheriff's Department, et al., appellants, Brink Elevator Corp., et al., defendants-respondents. (Index No. 30751/03)

DECISION & ORDER ON MOTION

Motion by MacKay, Wrynn & Brady, LLP, attorneys for the defendant-respondent Island Elevator Corp., inter alia, in effect, to withdraw as counsel on an appeal from an order of the Supreme Court, Suffolk County, dated May 21, 2010.

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

ORDERED that the branch of the motion which is, inter alia, to withdraw as counsel is granted, and MacKay, Wrynn & Brady, LLP, is relieved from representing the defendant-respondent Island Elevator Corp. with respect to the instant appeal; and it is further,

ORDERED that on or before February 15, 2011, MacKay, Wrynn & Brady, LLP, is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion 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 defendant- respondent Island Elevator Corp., without leave of the Court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion; and it is further,

ORDERED that the time of the defendant-respondent Island Elevator Corp. to serve and file a brief is enlarged until March 14, 2011, and the brief of the defendant-respondent Island Elevator Corp. must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court