Appellate Division: Second Judicial Department

M198171

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX, JJ.

2014-09848 Douglas Elliman, LLC, plaintiff, v Rhona Silver, et al., defendants third-party plaintiffs- respondents; Lowe's Home Centers, Inc., defendant third-party defendant-appellant. (Index No. 21471/07)

DECISION & ORDER ON MOTION

Motion by Gerstman Schwartz Malito, LLP, for leave to withdraw as counsel for the defendants third-party plaintiffs-respondents on an appeal from an order of the Supreme Court, Suffolk County, dated June 24, 2014. Cross motion by the defendant third-party plaintiff-respondent Rhona Silver, inter alia, to enlarge her time to serve and file a brief.

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

ORDERED that the motion is granted, an on or before September 29, 2015, Gerstman Schwartz Malito, LLP, shall serve its clients 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 defendants third-party plaintiffs-respondents, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,

ORDERED that on or before October 30, 2015, (1) the defendant third-party plaintiff-respondent Rhona Silver shall advise the Court, in writing, whether she is proceeding pro se or has retained counsel, and provide a notice of appearance for retained counsel, and (2) the defendants third-party plaintiffs-respondents Rhobar Development Associates, LLC, Rhobar, Inc., and Ackerly Associates, LLC, shall advise the Court, in writing, that they are appearing by retained counsel, and provide a notice of appearance for retained counsel (see CPLR 321[a]); in the event that the defendants third-party plaintiffs-respondents fail to comply with the foregoing, the appeal will be deemed submitted on the brief filed by the defendant third-party defendant-appellant; and it is further,

ORDERED that the defendants third-party plaintiffs-respondents' time to serve and file a brief is enlarged until November 30, 2015, and the defendants third-party plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted to the extent indicated above, and the cross motion is otherwise denied.

ENG, P.J., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court