| DeNatale v Santangelo |
| Motion No: 2011-07889 |
| Slip Opinion No: 2011 NY Slip Op 90664(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M129304
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-07889 Joseph DeNatale, appellant, v Michael Santangelo, etc., et al., respondents, et al., defendants. (Index No. 07-6486)
| DECISION & ORDER ON MOTION |
Motion by Steven A. Hershkowitz, P.C., for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 29, 2011. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, and upon the papers filed in support of the application and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and on or before December 12, 2011, Steven A. Hershkowitz, 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 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 application is denied as premature as the time to perfect the appeal does not expire until January 27, 2012.
ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court