| Emigrant Mortgage Company, Inc. v Miller Jr. |
| Motion No: 2010-09427 |
| Slip Opinion No: 2011 NY Slip Op 66138(U) |
| Decided on March 8, 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
M116718
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-09427 Emigrant Mortgage Company, Inc., respondent, v William C. Miller, Jr., etc., et al., appellants, et al., defendants. (Index No. 12484-08)
| DECISION & ORDER ON MOTION |
Motion by Darrin Berger for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 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 it is further,
ORDERED that on or before March 22, 2011, Darrin Berger is directed to serve his 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 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 the appellants' time to perfect the appeal is enlarged until May 6, 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., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court