PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

DOCKET NO. CA 18-01108

MARK A. REGAN, PLAINTIFF-APPELLANT, V RICHARD MILLARD, DEFENDANT-RESPONDENT, AND LAWRENCE CHAMPOUX, DEFENDANT.

Attorney for the appellant having moved for reargument of, or leave to appeal to the Court of Appeals the motion order of this Court entered October 16, 2018, or, in the alternative, to withdraw as counsel, and for an extension of time to perfect the appeal taken herein from an order of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on March 28, 2018,

Now, upon reading and filing the affirmation of John M. Regan, Jr., Esq., dated November 1, 2018, the affidavit of Mark A. Regan sworn to November 1, 2018, the notice of motion with proof of service thereof, and the affirmation of Corey J. Weber, Esq., dated November 8, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks reargument or leave to appeal to the Court of Appeals, and

It is further ORDERED that the motion is granted insofar as attorney John M. Regan, Jr., Esq., seeks permission to withdraw as counsel to the appellant in this appeal, and

It is further ORDERED that the appeal is hereby removed from the January 16, 2019, day calendar, and

It is further ORDERED that the Clerk's office shall return the briefs and the record that have been filed in this appeal, and,

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal, to the extent that the appeal shall be perfected on or before January 28, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 27, 2018

Mark W. Bennett, Clerk