Appellate Division: Second Judicial Department

M121142

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2010-05999 Shlomo Gavey, appellant, et al., plaintiffs, v Richard Cohen, et al., respondents. (Index No. 9217/01)

DECISION & ORDER ON MOTION

Motion by Nathan M. Ferst, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated March 24, 2010, for failure to timely perfect.

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 June 22, 2011, Nathan M. Ferst is directed to serve his 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 on the Court's own motion, the appellant's time to perfect the appeal is enlarged until July 26, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., ENG, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court