Michalis Realty, LLC v Pearl Nightlife, Inc.
Motion No: 2015-03068
Slip Opinion No: 2015 NY Slip Op 77648(U)
Decided on June 29, 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

M194635

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2015-03068

Michalis Realty, LLC, respondent,

v Pearl Nightlife, Inc., et al., defendants,

Leonidas Mouzakitis, defendant-appellant;

Marianthi Mouzakitis, nonparty-appellant.

(Index No. 21379/10)

DECISION & ORDER ON MOTION

Motion by Tedd Kessler, P.C., the attorney for the defendant-appellant and the nonparty-appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Queens County, dated December 3, 2014, to stay, inter alia, all proceedings for 60 days, and to enlarge the time of the defendant-appellant and the nonparty-appellant 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 for leave to withdraw as counsel is granted, and on or before July 10, 2015, Tedd Kessler, P.C., shall serve its 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 the branch of the motion which is to stay, inter alia, all proceedings for 60 days is granted to the extent that no further proceedings shall be taken against the defendant-appellant and the nonparty-appellant, 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 that branch of the motion is otherwise denied; and it is further,

ORDERED that 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 September 9, 2015, and the record or appendix on the appeal and the brief of the defendant-appellant and the nonparty-appellant must be served and filed on or before that date.

LEVENTHAL, J.P., DICKERSON, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court