| Candlewood Holdings, Inc. v Valle |
| Motion No: 2016-06830 |
| Slip Opinion No: 2017 NY Slip Op 79048(U) |
| Decided on July 5, 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. |
Appellate Division: Second Judicial Department
M233868
U/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
LINDA CHRISTOPHER, JJ.
|
2016-06830 Candlewood Holdings, Inc., et al., respondents, v Nicanor Valle, Jr., et al., appellants, et al., defendant. (Index No. 18465/10)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 16, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by McLaughlin & Stern, LLP, for leave to withdraw as counsel for the respondents on an appeal from an order of the Supreme Court, Nassau County, dated June 16, 2016, and to enlarge the time to serve and file a 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 July 19, 2017, McLaughlin & Stern, LLP, shall serve each of 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 respondents, 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 August 18, 2017, (1) the respondent Candlewood Holdings, Inc., shall advise the Court, in writing, that it is appearing by counsel, and provide a notice of appearance for retained counsel (see CPLR 321[a]), and (2) the respondent Rosalie Moore shall advise the Court, in writing, whether she is proceeding pro se or has retained counsel, and provide a notice of appearance for retained counsel; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until September 18, 2017, and the respondents' brief shall be served and filed on or before that date.
RIVERA, J.P., LEVENTHAL, AUSTIN and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court