Pacas v Singh
Motion No: 2014-09348
Slip Opinion No: 2015 NY Slip Op 72501(U)
Decided on May 7, 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

M191869

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-09348

Camila Pacas, et al., respondents,

Marc Sangiovanni, appellant-respondent,

v Baldwinder Singh, et al., respondents-appellants.

(Index No. 701367/12)

DECISION & ORDER ON MOTION

Motion by Gruenberg Kelly Della for leave to withdraw as counsel for the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered July 28, 2014, for a lien for expenses and disbursements, and to enlarge the time to perfect the appeal.

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 May 22, 2015, Gruenberg Kelly Della 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-respondent, 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 for a lien for expenses and disbursements is denied without prejudice to seeking appropriate relief in the Supreme Court, Queens 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 time to perfect the appeal is enlarged until July 21, 2015, and the joint record or appendix on the appeal and cross 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 their points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]).

SKELOS, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court