Appellate Division: Second Judicial Department

M169767

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-08712 Ricky Kamdem-Ouaffo, appellant, v Pepsico, Inc., respondent. (Index No. 10-22625)

DECISION & ORDER ON MOTION

Motion by Borrelli & Associates, PLLC, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Westchester County, entered July 9, 2013. Cross motion by the appellant pro se, inter alia, to direct Borrelli & Associates, PLLC, to transfer the sum of $4,745 to the appellate printer.

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

ORDERED that the motion is granted, and on or before March 7, 2014, Borrelli & Associates, PLLC, 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 on the Court's own motion, the appellant's time to perfect the appeal is enlarged until April 22, 2014, 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 cross motion is denied.

RIVERA, J.P., BALKIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court