Palmerone v Staples
Motion No: 2014-09750
Slip Opinion No: 2017 NY Slip Op 60053(U)
Decided on January 3, 2017
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

M223660

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2014-09750

Joseph Palmerone, et al., respondents,

v Hamilton Staples, et al., defendants,

Valerie Staples, et al., appellants,

(Index No. 552/12)

DECISION & ORDER ON MOTION

Motion by John J. Leen for leave to withdraw as counsel to the appellants on appeals from an order of the Supreme Court, Orange County, dated July 1, 2014, and to enlarge the appellants' time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and on or before January 17, 2017, John J. Leen shall serve his 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 February 17, 2017, and the appellants shall advise the Court, in writing, of the name and address of their new attorney; if the appellants fail to comply with the foregoing the appeal by Selpats of Florida, LLC, will be dismissed, without further notice (see CPLR 321[a]) and Valerie Staples will be deemed to be proceeding pro se on the brief filed by former counsel; and it is further,

ORDERED that the appellants' time to serve and file a reply brief enlarged until February 17, 2017, and the reply brief must be served and filed on or before that date.

RIVERA, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court