Appellate Division: Second Judicial Department

M241293

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-08331 Esther York, respondent, v Joseph York, defendant-appellant; William York, nonparty- appellant. (Index No. 11853/98)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Queens County, entered July 8, 2016, inter alia, to vacate any stay in effect as a result of the death of the respondent's former counsel. Separate motion by David H. Singer & Associates, LLP, for leave to withdraw as counsel for the respondent.

Upon the papers filed in support of the motion by the nonparty-appellant and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by David H. Singer & Associates, LLP, and the papers filed in opposition thereto, it is

ORDERED that the motion by the nonparty-appellant is denied as academic as David H. Singer & Associates, LLP, was retained after the death of the respondent's former counsel; and it is further,

ORDERED that the motion by David H. Singer & Associates, LLP, is granted, and on or before December 1, 2017, David H. Singer & Associates, LLP, 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 respondent, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until January 2, 2018, and the respondent's brief shall be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court