Appellate Division: Second Judicial Department

M269251

kbp/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-12171 Joseph Pomilla, appellant, v Arkadiy Bangiyev, defendant third-party plaintiff-respondent, et al., defendants; Orion Plumbing & Heating Corp., third-party defendant-respondent (and another third-party action). (Index No. 1590/15)

DECISION & ORDER ON MOTION

Motion by McCabe, Collins, McGeough, Fowler, Levine & Nogan, LLP, for leave to withdraw as counsel for the third-party defendant-respondent on an appeal from an order of the Supreme Court, Queens County, entered October 5, 2017.

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 February 18, 2020, McCabe, Collins, McGeough, Fowler, Levine & Nogan, 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 third-party defendant-respondent, 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 on or before April 2, 2020, the third-party defendant-respondent shall advise this Court, in writing, of the name and address of new counsel, or the brief filed by former counsel will be stricken.

BALKIN, J.P., LEVENTHAL, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court