Appellate Division: Second Judicial Department

M145332

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-06788, 2011-11607 Siemens Medical Solutions USA, Inc., appellant, v Magnetic Resonance Imaging Associates P.C., et al., respondents. 2011-07514, 2012-01763, 2012-05876, 2012-06652, 2012-06653, 2012-06654 Siemens Medical Solutions USA, Inc., respondent, v Magnetic Resonance Imaging Associates of Queens, P.C., et al, appellants. (Index No. 28254/10)

DECISION & ORDER ON MOTION

Application by Kern Augustine Conroy & Shoppmann, P.C., to be relieved as counsel for Magnetic Resonance Imaging Associates of Queens, P.C., and John Nathenas on appeals from eight orders of the Supreme Court, Queens County, dated April 28, 2011, May 26, 2011, November 4, 2011, November 7, 2011, May 9, 2012 (three orders), and May 15, 2012, respectively, to enlarge the time to serve and file a reply brief in connection with the appeal from the order dated May 26, 2011, and to enlarge the time to perfect their other appeals.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to be relieved as counsel for Magnetic Resonance Imaging Associates of Queens, P.C., and John Nathenas with respect to the appeals from the orders dated April 28, 2011, and November 4, 2011 (Appellate Division Docket Nos. 2011-06788, 2011-11607), is denied; and it is further,

ORDERED that the branch of the motion which is to be relieved as counsel for Magnetic Resonance Imaging Associates of Queens, P.C., and John Nathenas with respect to the appeals from the orders dated May 26, 2011, November 7, 2011, May 9, 2012 (three orders), and May 15, 2012, is granted, and on or before November 7, 2012, Kern Augustine Conroy & Shoppmann, P.C., is directed to serve its clients 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 Magnetic Resonance Imaging Associates of Queens, P.C., and John Nathenas with respect to those appeals, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,

ORDERED that on or before December 30, 2012, Magnetic Resonance Imaging Associates of Queens, P.C., and John Nathenas shall retain new counsel who shall advise the Court in writing that counsel is adopting the brief filed by former counsel in connection with the appeal from the order dated May 26, 2011 (Appellate Division Docket No. 2011-07514), or the appellants' shall file a replacement brief, or a supplemental brief; and it is further,

ORDERED that the time to perfect the appeals from the orders dated November 7, 2011, May 9, 2012 (three orders), and May 15, 2012 (Appellate Division Docket Nos. 2012-01763, 2012-05876, 2012-06652, 2012-06653, 2012-06654), is granted, and the time to perfect those appeals is enlarged until December 30, 2012; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief in connection with the appeal from the order dated May 26, 2011 is granted to the extent that the time to serve and file the reply brief is enlarged until December 30, 2012, in the event that the appellants are adopting the brief filed by former counsel, and that branch of the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court