S & J Service Center, Inc. v Commerce Commercial Group, Inc.

S & J Service Center, Inc. v Commerce Commercial Group, Inc.

Motion No: 2019-02625

Slip Opinion No: 2019 NY Slip Op 74128(U)

Decided on June 28, 2019

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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M263940

E/mm

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-02625
S & J Service Center, Inc., appellant,
v Commerce Commercial Group, Inc.,
respondent.
(Index No. 59714/18)

DECISION & ORDER ON MOTION

Motion by Rodriguez-McCloskey, PLLC, for leave to withdraw as counsel for the respondent on an appeal from an order of the Supreme Court, Westchester County, dated February 4, 2019, and to extend the respondent's 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 July 12, 2019, Rodriguez-McCloskey, PLLC, 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 respondent, without leave of the Court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent's time to serve and file a brief is extended until September 10, 2019, and the respondent's brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court