Appellate Division: Second Judicial Department

M202805

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-05360, 2015-08740 Antonio Torres, et al., respondents, v Rely on Us, Inc., appellant, et al., defendants. (Index No. 14562/13)

DECISION & ORDER ON MOTION

Motion by Michael M. Premisler for leave to withdraw as counsel for the appellant on appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated April 2, 2015, and an order of the same court dated June 25, 2015.

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

ORDERED that on the Court's own motion, the appeal from the order and judgment is dismissed, without costs or disbursements, on the ground that no appeal lies from an order and judgment entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is granted to the extent that Michael M. Premisler is relieved from representing the appellant with respect to the appeal from the order dated June 25, 2015, and the motion is otherwise denied as academic; and it is further,

ORDERED that on or before December 24, 2015, Michael M. Premisler shall serve his 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 it of a copy of this decision and order on motion.

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court