Garito Contracting, Inc. v. Palermo-Too Constr. Inc.

Full title: Garito Contracting, Inc., respondent, v. Palermo-Too Construction, Inc.…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 8, 2011

Motion No: 2011-03373 (N.Y. App. Div. Sep. 8, 2011)

Opinion

Motion No: 2011-03373 Index No. 09-25478M125428

09-08-2011

Garito Contracting, Inc., respondent, v. Palermo-Too Construction, Inc., appellant.

PETER B. SKELOS

, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by McCarthy Fingar, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered March 7, 2011.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the motion is granted, and McCarthy Fingar, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before September 23, 2011, McCarthy Fingar, LLP, is directed to 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 appellant, 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 appellant's time to perfect the appeal is enlarged until November 23, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court