| Hutton v Whelan |
| Motion No: 2011-07578 |
| Slip Opinion No: 2011 NY Slip Op 90242(U) |
| Decided on November 21, 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. |
Appellate Division: Second Judicial Department
M129009
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2011-07578 Robert F. Hutton, et al., appellants, v Sally C. Whelan, respondent. (Index No. 09-5032)
| DECISION & ORDER ON MOTION |
Motion by Peter D. Hoffman for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Westchester County, entered July 13, 2011, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before December 5, 2011, Peter D. Hoffman 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 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 the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature as the appellant's time to perfect the appeal does not expire until February 10, 2012.
RIVERA, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court