Appellate Division: Second Judicial Department

M158313

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2013-03496 Orlando Garcia-Aquirre, appellant, v Robert Boccio, et al., respondents. (Index No. 3136/11)

DECISION & ORDER ON MOTION

Motion by Jacoby & Meyers, LLP, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Queens County, entered February 19, 2013, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before July 10, 2013, Jacoby & Meyers, LLP, 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 branch of the motion which is to enlarge the time to perfect the appeal is denied as premature as the appellant's time to perfect the appeal does not expire until September 4, 2013.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court