Marie Holdings, Inc. v City Holdings I.J.J.A., Inc.
Motion No: 2014-04156
Slip Opinion No: 2015 NY Slip Op 67933(U)
Decided on March 24, 2015
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

M188371

T/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX, JJ.

2014-04156

Marie Holdings, Inc., respondent, v City

Holdings I.J.J.A., Inc., et al., defendants-

appellants, et al., defendants; Edward

Nicholas, et al., nonparty-appellants.

(Index No. 9808/11)

DECISION & ORDER ON MOTION

Motion by Thomas F. Liotti, Esq., for leave to withdraw as counsel for the nonparty-appellants on appeals from an order of the Supreme Court, Nassau County, entered March 6, 2014, to enlarge the nonparty-appellants' time to perfect their appeal, for a retaining lien and a charging lien pursuant to Judiciary Law § 475, and for an award of costs.

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 branch of the motion which is for leave to withdraw as counsel is granted, and on or before April 7, 2015, Thomas F. Liotti, Esq., shall serve his clients 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 nonparty-appellants, without leave of the Court, until the expiration of 30 days after service upon them 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 nonparty-appellants' time to perfect their appeal is granted, the nonparty-appellants' time to perfect their appeal is enlarged until May 22, 2015, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the nonparty-appellants' 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 and a charging lien pursuant to Judiciary Law § 475 is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court