| John Cusumano Construction, Inc. v Mavruk |
| Motion No: 2015-02807 |
| Slip Opinion No: 2016 NY Slip Op 73341(U) |
| Decided on May 11, 2016 |
| 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
M211340
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
LEONARD B. AUSTIN
HECTOR D. LASALLE, JJ.
|
2015-02807 John Cusumano Construction, Inc., respondent, v Hulus Mavruk, et al., appellants. (Index No. 8088/10)
| DECISION & ORDER ON MOTION |
Motion by Robert M. Blakeman for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Nassau County, entered February 9, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and on or before May 25, 2016, Robert M. Blakeman shall serve his 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 appellants, 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 June 27, 2016, the appellants H & M Art Gallery, Inc., and SHM Real Estate, Inc., shall (1) advise this Court, in writing, that they have retained new counsel and provide the name and address of their new counsel, and (2) advise this Court, in writing, that they are adopting the brief filed by former counsel and will not be filing a supplemental brief, or serve and file a motion for leave to serve and file a supplemental or replacement brief; and it is further,
ORDERED that in the event that H & M Art Gallery, Inc., and HSM Real Estate, Inc., fail to comply with the foregoing provisions by June 27, 2016, the appeal will be dismissed insofar as taken by them, without further notice, and the appellants' brief will be stricken insofar as it addresses issues relating to them; and it is further,
ORDERED that on or before June 27, 2016, Hulus Mavruk and Saliha Mavruk shall (1) advise this Court, in writing, that they are proceeding pro se or have retained new counsel and provide the name and address of their new counsel, and (2) advise this Court, in writing, that they are adopting the brief filed by former counsel and will not be filing a supplemental brief, or serve and file a motion for leave to serve and file a supplemental or replacement brief; and it is further,
ORDERED that in the event that Hulus Mavruk and Saliha Mavruk fail to comply with the foregoing provisions by June 27, 2016, they will be deemed to be proceeding pro se and adopting the brief filed by former counsel.
MASTRO, J.P., RIVERA, AUSTIN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court