Thornton, also known as DeLuca, by his guardian Caraccia v State of Ne

Thornton, also known as DeLuca, by his guardian Caraccia v State of Ne

Motion No: 2016-08078

Slip Opinion No: 2017 NY Slip Op 89265(U)

Decided on October 16, 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

M239344

E/afa

MARK C. DILLON, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2016-08078
Jonathan Thornton, also known as Jonathan
DeLuca, by his guardian, Thomas L. Caraccia,
et al., respondents, v State of New York, defendant;
Brody, O'Connor & O'Connor, Esqs., nonparty-
appellant.
(Claim No. 87767)

DECISION & ORDER ON MOTION

2017-06839

Jonathan Thornton, also known as Jonathan

DeLuca, by his guardian, Thomas L. Caraccia,

et al., appellants, v State of New York, respondent.

(Claim No. 87767)

Motion by Brody, O'Connor & O'Connor, Esqs., to enlarge the time to perfect its appeal from an order of the Court of Claims, dated March 8, 2016, to consolidate that appeal with an appeal from an order of the same court dated March 17, 2017, and, in effect, for leave to withdraw as counsel for the appellants on the appeal from the order dated March 17, 2017.

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 branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 8, 2016, is granted, and the time to perfect that appeal is enlarged until November 15, 2017; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to withdraw as counsel for the appellants on the appeal from the order dated March 17, 2017, is granted and on or before October 30, 2017, Brody, O'Connor & O'Connor, Esqs., shall serve its 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 appellants in connection with the appeal from the order dated March 17, 2017, 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 the Court's own motion, the time to perfect the appeal from the order dated March 17, 2017, is enlarged until December 29, 2017.

DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court