Appellate Division: Second Judicial Department

M228282

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2016-08754 R. B., an infant under 14 years of age, by her mother and natural guardian, Rosalind Smith, et al., appellants, v City of New York, et al., respondents. (Index No. 618/14)

DECISION & ORDER ON MOTION

Motion by Jeffrey J. Shapiro & Associates, LLC, for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Queens County, dated May 20, 2016, to enlarge the time to perfect the appeal, to allow it to turn over the legal file upon payment of its disbursements, and to stay determination of the distribution of attorney's fees until the conclusion of the action.

Upon the papers filed in support of the motion and no papers having been filed in relation or 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 April 18, 2017, Jeffrey J. Shapiro & Associates, LLC, 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 the 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 June 19, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied without prejudice to seeking appropriate relief in the Supreme Court, Queens County.

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court