Appellate Division: Second Judicial Department

M226431

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-00917, 2016-03644 Faramarz Roshodesh, appellant, v Adam Plotch, et al., defendants, Gerard Owners Corp., respondent. (Index No. 25537/09)

DECISION & ORDER ON MOTION

Motion by Jay Stuart Dankberg for leave to withdraw as counsel for the appellant on appeals from an order of the Supreme Court, Queens County, entered November 27, 2015, and a judgment of the same court entered March 2, 2016, for a retaining lien, to consolidate the appeals, and to enlarge the time to perfect the appeals. Application by the appellant, inter alia, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel for the appellant is granted, and on or before March 8, 2016, Jay Stuart Dankberg shall serve his 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 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 branch of the motion which is for a retaining lien is denied without prejudice to seeking relief in the Supreme Court, Queens County; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals and the branch of the application which is to enlarge the time to perfect the appeals are granted, the appellant's time to perfect the appeals is enlarged until May 8, 2017, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise dismissed on the ground that the relief sought must be made by motion.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court