Formisano v Gurney's Inn Resort & Spa, Ltd.
Motion No: 2011-03402
Slip Opinion No: 2011 NY Slip Op 81146(U)
Decided on August 17, 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

M124619

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2011-03402

Maria Formisano, appellant, v Gurney's Inn

Resort & Spa, Ltd., respondent.

(Index No. 08-10722)

DECISION & ORDER ON MOTION

Motion by Finkelstein & Partners, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Orange County, dated February 9, 2011.

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

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

ORDERED that on or before September 1, 2011, Finkelstein & Partners, 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 appellant without leave of the Court, until the expiration of 30 days after service upon the appellant of a copy of this order; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 31, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court