Appellate Division: Second Judicial Department

M180865

T/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-09161 In the Matter of Eleanor Capogrosso, appellant, v GEICO Insurance Company, respondent. (Index No. 13-50414)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated July 8, 2013, for failure to timely perfect. Separate motion by D'Ambrosio & D'Ambrosio, P.C., for leave to withdraw as counsel for the appellant, and, in effect, to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion to dismiss the appeal and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion for leave to withdraw as counsel and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion for leave to withdraw as counsel and, in effect, to enlarge the time to perfect the appeal is granted, and on or before October 29, 2014, D'Ambrosio & D'Ambrosio, 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 her 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 December 29, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., DICKERSON, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court