| Town Board of Town of Southampton v R.K.B. Realty, LL |
| Motion No: 2010-05683 |
| Slip Opinion No: 2011 NY Slip Op 66935(U) |
| Decided on March 15, 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
M115681
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
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2010-05683 Town Board of Town of Southampton, respondent, v R.K.B. Realty, LLC, et al., appellants. (Action No. 1) Marilyn Bishop, et al., respondents, v R.K.B. Realty, LLC, et al., appellants. (Action No. 2) (Index Nos. 18445-08, 18446-08)
| DECISION & ORDER ON MOTION |
Motion by Bracken Margolin Besunder, LLP, and Michael Walsh, Esq., on appeals from an order of the Supreme Court, Suffolk County, dated May 26, 2010, (1) to withdraw as co-counsel for the appellant R.K.B. Realty, LLC, (2) for Michael Walsh, Esq., to withdraw as counsel for the appellants Gary Kalish, Joseph D. Butts, and Paul Rinaldi, and (3) to enlarge the time of R.K.B. Realty, LLC, Gary Kalish, Joseph D. Butts, and Paul Rinaldi to perfect their appeal.
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 for Bracken Margolin Besunder, LLP, and Michael Walsh, Esq., to withdraw as co-counsel for the appellant R.K.B. Realty, LLC, is granted, and on or before March 29, 2011, Bracken Margolin Besunder, LLP, is directed to serve R.K.B. Realty, LLC, 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 the branch of the motion which is for Michael Walsh, Esq., to withdraw as counsel for the appellants Gary Kalish, Joseph D. Butts, and Paul Rinaldi is granted, and on or before March 29, 2011, Michael Walsh, Esq., is directed to serve Gary Kalish, Joseph D. Butts, and Paul Rinaldi 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 R.K.B. Realty, LLC, Gary Kalish, Joseph D. Butts, and Paul Rinaldi 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 branch of the motion which is to enlarge the time of R.K.B. Realty, LLC, Gary Kalish, Joseph D. Butts, and Paul Rinaldi to perfect their appeal is denied.
MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court