Esposito v Felix
Motion No: 2013-04054
Slip Opinion No: 2014 NY Slip Op 75140(U)
Decided on June 16, 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

M175661

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2013-04054

Raffaele Esposito, et al., appellants,

v Sandra Felix, et al., respondents.

(Index No. 12194/08)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Orange County, entered February 6, 2013, inter alia, to direct the appellants' former counsel to turn over their file and "relegat[e]" former counsel's recovery "to a charging lien," and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to direct the appellants' former counsel to turn over their file and "relegat[e]" former counsel's recovery "to a charging lien" is denied without prejudice to seeking relief in the Supreme Court, Orange County; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until August 12, 2014, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court