Appellate Division: Second Judicial Department

M151903

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2012-08239 Jose Aguilera, appellant, v Louis U. Lombardi, respondent, et al., defendant. (Index No. 35117/07)

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, Suffolk County, dated January 4, 2012, and to fix a lien for expenses and disbursements.

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 March 11, 2013, 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 April 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; and it is further,

ORDERED that the branch of the motion which is to fix a lien for expenses and disbursements is otherwise denied without prejudice to making a motion in the Supreme Court, Suffolk County, for that relief.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court