Appellate Division: Second Judicial Department

M148115

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2012-04867 George Washington, appellant, et al., plaintiff, v Donald S. McCain, et al., defendants, Charles Meyers, et al., respondents. (Index No. 32238/08)

DECISION & ORDER ON MOTION

Motion by Gruenberg Kelly Della for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 16, 2012.

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 December 28, 2012, Gruenberg Kelly Della 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 the appellant's time to perfect the appeal is enlarged until February 26, 2013, 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., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court