Appellate Division: Second Judicial Department

M175667

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-07666, 2013-09969 Richard Crawford, etc., appellant, v Kenneth Smith, respondent. (Index No. 18411/12)

DECISION & ORDER ON MOTION

Motion by Novick & Associates, P.C., for leave to withdraw as counsel for the appellant on appeals from an order of the Supreme Court, Suffolk County, dated June 11, 2013, and a judgment of the same court entered August 26, 2013, to enlarge the time to perfect the appeals, and for a retaining lien.

Upon the papers filed in support of the motion and the papers filed in in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241), the issues raised on the appeal from the order will be brought up for review on the appeal from the judgment (see CPLR 5501[a][1]); and it is further,

ORDERED that the branch of the motion which is for leave to withdraw as counsel for the appellant with respect to the appeal from the judgment is granted, and on or before June 27, 2014, Novick & Associates, P.C., 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 appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect that appeal is enlarged until July 29, 2014, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for a retaining lien is denied without prejudice to seeking relief in the Supreme Court, Suffolk County; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court