Appellate Division: Second Judicial Department

M196981

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

THOMAS A. DICKERSON

JEFFREY A. COHEN

BETSY BARROS, JJ.

2014-01874, 2014-03133 Michael C. Trimarco, appellant, v Data Treasury Corporation, respondent. (Index No. 30324/03)

DECISION & ORDER ON MOTION

Motion by Forde & Associates to be relieved as counsel for the appellant on appeals from a judgment of the Supreme Court, Suffolk County, entered December 10, 2013, and an order of the same court dated March 7, 2014, and to compel the court reporters to certify the transcripts.

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

ORDERED that the branch of the motion which is to relieve Forde & Associates as counsel is granted, and on or before August 28, 2015, Forde & Associates shall 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 motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated April 14, 2015, by settling the transcripts pursuant to CPLR 5525(c) and, if necessary, serving and filing a replacement appendix is extended until October 27, 2015; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until November 30, 2015, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., RIVERA, DICKERSON, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court