People ex rel. Blake, also known as Barnett v Pataki
Motion No: 2010-08526
Slip Opinion No: 2011 NY Slip Op 74663(U)
Decided on June 3, 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

M121042

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-08526

The People etc., ex rel. Howard Glenn Blake,

also known as Larry W. Barnett, respondent,

v George Pataki, appellant.

(Index No. 18800-06)

DECISION & ORDER ON MOTION

Motion by Harry H. Kutner, Jr., the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Suffolk County, dated August 12, 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 the application, and the papers filed in opposition or thereto, it is

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

ORDERED that on or before June 27, 2011, Harry H. Kutner, Jr., is directed to serve his 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 of a copy of this order; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 11, 2011, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court