Appellate Division: Second Judicial Department

M130553

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2011-07381 Wachovia Mortgage Corporation, respondent, v Jose Colon, appellant, et al., defendants. (Index No. 08-7042)

DECISION & ORDER ON MOTION

Motion by Underweiser & Underweiser, LLP, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Orange County, dated June 7, 2011.

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 on or before January 4, 2012, Underweiser & Underweiser, 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 March 5, 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., FLORIO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court