Appellate Division: Second Judicial Department

M120894

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-08291 Sherman Holley, respondent, v Jacqueline Hinson-Holley, etc., appellant. (Action No. 1) Yuval Golan, appellant, v Sherman Holley, respondent. (Action No. 2) (Index Nos. 34520/08, 320/09)

DECISION & ORDER ON MOTION

Motion by Wenig Saltiel & Johnson, LLP, the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated July 2, 2010. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that on the Court's own motion, the appeal by Yuval Golan is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

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

ORDERED that on or before June 15, 2011, Wenig Saltiel & Johnson, LLP, is directed to serve its client 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 the respondent, without leave of the Court, until the expiration of 30 days after service upon (him/her/it) of a copy of this decision and order; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until August 15, 2011, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court