Opinion
Motion No: 2012-02187 Index No. 7219/05M142881
08-29-2012
Sunrise Motors, LLC, appellant-respondent, v. Joseph Pezza, respondent-appellant.
, A.P.J.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by Westerman Ball Ederer Miller & Sharfstein, the attorney for the appellant-respondent, for leave to withdraw as counsel on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered July 12, 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 Westerman Ball Ederer Miller & Sharfstein is relieved from representing the appellant-respondent with respect to the instant appeal and cross appeal; and it is further,
ORDERED that on or before September 14, 2012, Westerman Ball Ederer Miller & Sharfstein is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order 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-respondent, without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 1, 2012, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that if the appellant-respondent fails to perfect the appeal by November 1, 2012, and does not seek an enlargement of time, the time of the respondent-appellant to perfect his appeal is enlarged until December 3, 2012.
MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court