Seaway Capital Corp. v 500 Sterling Realty Corp.
Motion No: 2010-02554
Slip Opinion No: 2011 NY Slip Op 70173(U)
Decided on April 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M118707

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2010-02554, 2010-02556, 2011-00038

Seaway Capital Corp., respondent,

v 500 Sterling Realty Corp., appellant,

et al., defendants.

(Index No. 25581/08)

DECISION & ORDER ON MOTION

Motion by Barry Black, P.C., the attorney for the appellant, for leave to withdraw as counsel on appeals from three orders of the Supreme Court, Kings County, dated September 17, 2009, January 8, 2010, and October 29, 2010, respectively, and to enlarge the time to perfect the appeals.

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

ORDERED that the motion is granted; and it is further,

ORDERED that on or before April 28, 2011, Barry Black, P.C., 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 appellant, 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 appellant's time to perfect the appeals is enlarged until June 14, 2011, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted with respect to the appeals from the orders dated September 17, 2009, and January 8, 2010, respectively.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court