| U.S. Bank National Association v 19407 Linden, LLC |
| Motion No: 2013-09130 |
| Slip Opinion No: 2015 NY Slip Op 72508(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. |
Appellate Division: Second Judicial Department
M191765
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2013-09130 U.S. Bank National Association, etc., plaintiff- respondent, v 19407 Linden, LLC, et al., appellants, et al., defendants; James Behringer, nonparty- respondent. (Index No. 24165/08)
| DECISION & ORDER ON MOTION |
Motion by Stephen C. Silverberg, PLLC, on an appeal from an order of the Supreme Court, Queens County, entered May 23, 2013, to extend its time to comply with a decision and order on motion of this Court dated February 13, 2015, which granted its motion for leave to withdraw as counsel for the appellants 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 opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the decision and order on motion dated February 13, 2015, in the above-entitled case is recalled and vacated, and the following decision and order on motion, is substituted therefor, and the motion is otherwise denied:
Motion by Stephen C. Silverberg, PLLC, for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Queens County, entered May 23, 2013, 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 opposition or in relation thereto, it is
ORDERED that the motion for leave to withdraw as counsel for the appellants and to enlarge the time to perfect the appeal is granted, and on or before May 22, 2015, Stephen C. Silverberg, PLLC, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order 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 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 appellants' time to perfect the appeal is enlarged until June 22, 2015, 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 no further enlargement of time shall be granted.
CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court