Appellate Division: Second Judicial Department

M241264

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-10450 Jobin Organization, Inc., appellant-respondent, v Bemar Realty, LLC, formerly known as Bemar Realty Company, respondent-appellant, Jaco Electronics, Inc., respondent. (Index No. 61130/13)

DECISION & ORDER ON MOTION

Motion by Rosenberg, Fortuna & Laitman, LLP, for leave to withdraw as counsel for the respondent-appellant and the respondent on an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated September 25, 2015.

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 December 20, 2017, Rosenberg, Fortuna & Laitman, 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 respondent-appellant and the respondent, without leave of this 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 February 20, 2018, the respondent-appellant and the respondent shall file a notice of appearance by new counsel and advise this Court, in writing, that they adopt the briefs filed by former counsel or move for leave to serve and file replacement briefs; if the respondent-appellant and the respondent fail to comply with the foregoing provision, the briefs filed by former counsel will be stricken, the cross appeal will be dismissed, without further notice, and the appeal will be deemed submitted on the brief filed by the appellant-respondent.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court