Appellate Division: Second Judicial Department

M233165

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-05024 Abraham Leifer, etc., plaintiff-respondent, v Jack Spitzer, etc., et al., defendants-respondents; HTS548, LLC, et al., nonparty-appellants; Joel Wertzberger, nonparty-respondent. (Index No. 507255/15)

DECISION & ORDER ON MOTION

Motion by Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, for leave to withdraw as counsel for the defendant-respondent Jack Spitzer on appeals from an order of the Supreme Court, Kings County, dated May 19, 2016, and to enlarge the time to serve and file a brief.

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

ORDERED that the motion is granted and on or before June 30, 2017, Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, 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 defendant-respondent Jack Spitzer, 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 defendant-respondent Jack Spitzer's time to serve and file a brief is enlarged until August 29, 2017, and the defendant-respondent Jack Spitzer's brief shall be served and filed on or before that date.

CHAMBERS, J.P., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court