Torelli v Town of Yorktown
Motion No: 2011-03378
Slip Opinion No: 2011 NY Slip Op 84758(U)
Decided on September 23, 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

M126281

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-03378

Don Torelli, appellant,

v Town of Yorktown, respondent.

(Index No. 08-14200)

DECISION & ORDER ON MOTION

Motion by Laub Delaney, LLP, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Westchester County, entered February 7, 2011 and to enlarge the appellant's time to perfect the appeal.

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 October 7, 2011, Laub Delaney, LLP, shall 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 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 the appellant's time to perfect the appeal is enlarged until December 6, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court