Appellate Division: Second Judicial Department

M115254

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2010-08207 Sharon Marino, et al., appellants, v Michael DeMita, et al., respondents, et al., defendant. (Index No. 8190/08)

DECISION & ORDER ON MOTION

Motion by Finkelstein & Partners, of counsel to Jacoby & Meyers, LLP, attorneys for the appellants, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, entered July 19, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and Finkelstein & Partners, of counsel to Jacoby & Meyers, LLP, is relieved from representing the appellants with respect to the instant appeal; and it is further,

ORDERED that on or before February 23, 2011, Finkelstein & Partners, of counsel to Jacoby & Meyers, LLP, is directed to serve its clients 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 appellants, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this order; and it is further,

ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is enlarged until March 14, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court