| Scott v City of New York |
| Motion No: 2009-09671 |
| Slip Opinion No: 2011 NY Slip Op 65555(U) |
| Decided on March 2, 2011 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M116343
E/sl
JOSEPH COVELLO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-09671 John Scott, respondent, v City of New York, et al., defendants, Granite Halmar Construction Company, Inc., et al., appellants. (Index No. 46178/03)
| DECISION & ORDER ON MOTION |
Motion by Sgarlato & Sgarlato, PLLC, the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated August 14, 2009, and for a retaining lien pursuant to Judiciary Law § 475.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted; and it is further,
ORDERED that on or before March 16, 2011, Sgarlato & Sgarlato, PLLC, 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 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 on or before May 2, 2011, the respondent shall notify the Clerk of this Court in writing that he either (1) adopts the brief filed with this Court by former counsel, (2) adopts the brief filed with this Court by former counsel and will serve and file a supplemental brief, or (3) withdraws the brief filed with this Court by former counsel and will serve and file a replacement brief; and it is further,
ORDERED that in the event that the respondent chooses to serve and file a supplemental brief or replacement brief, then the supplemental brief or replacement brief shall be served and filed on or before June 1, 2011; and it is further,
ORDERED that the branch of the motion which is for a retaining lien pursuant to Judiciary Law § 475 is denied without prejudice to any relief which may be obtained in the Supreme Court, Kings County.
COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court