| DiBattista v County of Nassau |
| Motion No: 2014-00014 |
| Slip Opinion No: 2014 NY Slip Op 65404(U) |
| Decided on March 4, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M170472
E/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2014-00014 Anthony DiBattista, respondent, v County of Nassau, defendant, Town of North Hempstead, appellant. (Index No. 9500/11)
| DECISION & ORDER ON MOTION |
Motion by Edelman, Krasin & Jaye, PLLC, for leave to withdraw as counsel for the respondent on an appeal from an order of the Supreme Court, Nassau County, entered September 19, 2013.
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 motion is granted, and on or before March 18, 2014, Edelman, Krasin & Jaye, 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 respondent, 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 respondent's time to serve and file a brief is enlarged until April 28, 2014, and the respondent's brief must be served and filed on or before that date.
ENG, P.J., DILLON, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court