Appellate Division: Second Judicial Department

M138276

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2011-11477 Goodyear Tire & Rubber Company, respondent- appellant, v Austin Azzaretto, appellant- respondent. (Index No. 3562/11)

DECISION & ORDER ON MOTION

Motion by Sahn Ward Coschignano & Baker to be relieved as counsel for Austin Azzaretto on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated November 10, 2011, and to enlarge the time to perfect the appeal.

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 June 12, 2012, Sahn Ward Coschignano & Baker 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 Austin Azzaretto, 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 Austin Azzaretto's time to perfect the appeal is enlarged until July 13, 2012, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and Austin Azzaretto's brief must be served and filed on or before that date; and it is further,

ORDERED that if by July 13, 2012, Austin Azzaretto fails to perfect the appeal or seek an enlargement of time to perfect his appeal, Goodyear Tire & Rubber Company's time to perfect its appeal is enlarged until August 17, 2012.

SKELOS, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court