East End Cement & Stone, Inc. v Peconic Ready Mix Corp
Motion No: 2011-00945
Slip Opinion No: 2012 NY Slip Op 67798(U)
Decided on March 20, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M135113

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-00945

East End Cement & Stone, Inc., etc., appellant,

v Peconic Ready Mix Corp., respondent.

(Index No. 2481-08)

DECISION & ORDER ON MOTION

Motion by Stim & Warmuth, P.C., for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Suffolk County, entered November 29, 2010.

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 on or before April 3, 2012, Stim & Warmuth, 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 it 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 June 4, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

RIVERA, J.P., FLORIO, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court