Appellate Division: Second Judicial Department

M123542

E/mv

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-11078 ORDER ON APPLICATION John Vaccarino, et al., appellants, v Mad Den, Inc., doing business as CafÉ Strega, et al., respondents. (Index No. 08-20559)

Motion by D'Agostino Law Office, P.C., for leave to withdraw as counsel for the appellants on an appeal from a judgment of the Supreme Court, Westchester County, entered September 20, 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 August 9, 2011, D'Agostino Law Office, 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 appellants, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,

ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is enlarged until October 11, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court