Appellate Division: Second Judicial Department

M246460

E/afa

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-06333 In the Matter of Hempstead Housing Authority, respondent, v Middle County Resources Management, Inc., et al., appellants. (Index No. 609679/16)

DECISION & ORDER ON MOTION

Motion by Berkman, Henoch, Peterson Peddy & Fenchel P.C., for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Nassau County, entered May 12, 2017, to enlarge the time to perfect the appeal, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before March 9, 2018, Berkman, Henoch, Peterson Peddy & Fenchel P.C., 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 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 the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until May 8, 2018, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal is denied.

DILLON, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court