| Dongyang Jiutai Clothing Co., Ltd. v Lady Emerald, Inc. |
| Motion No: 2015-09802 |
| Slip Opinion No: 2016 NY Slip Op 84291(U) |
| Decided on September 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
M217518
E/sl
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2015-09802 Dongyang Jiutai Clothing Co., Ltd., respondent, v Lady Emerald, Inc., et al., appellants. (Index No. 705922/15)
| DECISION & ORDER ON MOTION |
Motion by Barton, LLP, for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Queens County, entered August 24, 2015, and to enlarge the time to serve and file a reply brief.
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 and on or before September 15, 2016, Barton, LLP, 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 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 on or before October 17, 2016, the appellants shall advised this Court, in writing, of the name and address of new counsel; if no new counsel is retained by Lady Emerald, Inc., and Wilson Star Corp. then the appeal will be dismissed insofar as taken by them, without further notice; if no counsel is retained by Fumin Zhang and John Doe, then they will be deemed to be proceeding pro se; and it is further,
ORDERED that the appellants' time to serve and file a reply brief is enlarged until November 1, 2016, and the reply brief shall be served and filed on or before that date.
LEVENTHAL, J.P., AUSTIN, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court