of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by Dollinger, Gonski & Grossman, counsel for respondent on an appeal from a decision of the Civil Court of the City of New York, Queens County, dated January 7, 2011, a final judgment of the same court entered January 7, 2011, and an amended decision of the same court dated January 26, 2011, and a separate appeal from an order of the same court dated July 26, 2011, for leave to withdraw as counsel.

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

ORDERED, on the court's own motion, that so much of the appeal as is from the decision and the amended decision is dismissed on the ground that no appeal lies from a decision (CCA 1702; see Farag v Farag, 4 AD3d 502 [2004]); and it is further,

ORDERED, on the court's own motion, that the appeal from the order dated July 26, 2011 is dismissed for failure to perfect; and it is further,

ORDERED that the motion for leave to withdraw as counsel is granted; and it is further,

ORDERED that the movant is directed to serve its client with a copy of this decision and order, with notice of entry, by mailing a copy to its last known address by both ordinary mail and certified mail, return receipt requested, within 10 days of the date of this decision and order, which shall constitute notice to appoint another attorney; and it is further,

ORDERED, on the court's own motion, that respondent's time to serve and file a respondents' brief is enlarged until January 28, 2013; and it is further,

ORDERED that appellant, if it be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be served and filed pursuant to this decision and order.

ENTER:

Paul Kenny

Chief Clerk