Appellate Division: Second Judicial Department

M145663

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-09360 Ernest E. Norris III, et al., appellants, v Raymond O. Gershen, et al., respondents. (Index No. 22499/10)

DECISION & ORDER ON MOTION

Motion by Jaspan Schlesinger, LLP, for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Nassau County, dated July 26, 2011, for a retaining lien, and, in effect, to enlarge the appellants' 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 branch of the motion which is for leave to withdraw as counsel is granted and on or before November 13, 2012, Jaspan Schlesinger, LLP, 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 the appellants, 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 the branch of the motion which is for a retaining lien is denied without prejudice to seeking appropriate relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the appellants' time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until January 14, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENG, P.J., MASTRO, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court