Appellate Division: Second Judicial Department

M128683

E/sl

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-05455 Moses Bastien, appellant, v City of New York, et al., defendants, H & H Co., LLC, et al., respondents. (Index No. 23575/03)

DECISION & ORDER ON MOTION

Motion by Mallilo & Grossman for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 8, 2011, and to enlarge the time to perfect the appeal.

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 November 29, 2011, Mallilo & Grossman 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 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 January 30, 2012, 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., BELEN, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court