Appellate Division: Second Judicial Department

M130198

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-05684 Gerardo De Los Santos, appellant, v Carol McDermott, etc., respondent. (Index No. 07-7695)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated November 10, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Antin, Ehrlich & Epstein, LLP, for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered May 20, 2012.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

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

ORDERED that on or before December 28, 2011, Antin, Ehrlich & Epstein, LLP, 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 on the Court's own motion, the appellant's time to perfect the appeal is enlarged until February 14, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court