| Masias v Goldberg |
| Motion No: 2015-04552 |
| Slip Opinion No: 2016 NY Slip Op 65641(U) |
| Decided on March 1, 2016 |
| 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
M207156
E/ct
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2015-04552 Elie Masias, et al., appellants-respondents, v Ralph Goldberg, respondent-appellant. (Index No. 500261/14)
| DECISION & ORDER ON MOTION |
Motion by Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, to withdraw as counsel for the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 16, 2015, and, in effect, to enlarge the time to serve and file a brief. Cross motion by the appellants-respondents to dismiss the cross appeal as abandoned and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the branch of the cross motion which is to dismiss the cross appeal as abandoned is denied, and the branch of the cross motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that on or before March 14, 2016, Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, 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 respondent-appellant, 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 appellants-respondents' time to perfect the appeal is enlarged until April 14, 2016, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).
HALL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court