Cheatham v Habats-Hadas & Sons Corp.
Motion No: 2010-08686
Slip Opinion No: 2011 NY Slip Op 72842(U)
Decided on May 13, 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

M120116

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2010-08686

Kenneth Cheatham, appellant, v Habats-Hadas

& Sons Corp., et al., respondents.

(Index No. 22872/08)

DECISION & ORDER ON MOTION

Motion by Bisogno & Meyerson, LLP, on an appeal from an order of the Supreme Court, Kings County, dated July 15, 2010, to extend the time to comply with a decision and order on motion of this Court dated March 7, 2011, which granted its motion for leave to withdraw as counsel and directed it to serve its client with a copy of the decision and order on motion and file proof of service by March 22, 2011.

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 the decision and order on motion of this Court dated March 7, 2011, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Bisogno & Meyerson, LLP, counsel for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated July 15, 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 May 31, 2011, Bisogno & Meyerson, LLP, 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 30, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court