Minsky v Haber
Motion No: 2013-07843
Slip Opinion No: 2014 NY Slip Op 71621(U)
Decided on May 8, 2014
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

M173881

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-07843

Andrea Minsky, etc., appellant-respondent

v Eugene Haber, et al., respondents-appell

Bruce Barket, etc., et al., respondents.

(Index No. 17029/08)

DECISION & ORDER ON MOTION

,
ants,

Motion by Jeffrey Levitt for leave to withdraw as counsel for the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated May 31, 2013, and, in effect, to enlarge the time to perfect the appeal and cross appeal. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and cross appeal.

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

ORDERED that the motion and the application are granted; and it is further,

ORDERED that on or before May 23, 2014, Jeffrey Levitt is directed to serve his 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-respondent, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until July 8, 2014, 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 respondents-appellants shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court