| JPMorgan Chase Bank, National Association v Austern |
| Motion No: 2016-12485 |
| Slip Opinion No: 2018 NY Slip Op 60434(U) |
| Decided on January 8, 2018 |
| 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
M244223
E/afa
RUTH C. BALKIN, J.P.
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2016-12485 JPMorgan Chase Bank, National Association, etc., respondent, v Jonathan Austern, appellant, et al., defendants. (Index No. 64674/14)
| DECISION & ORDER ON MOTION |
2016-12487
JPMorgan Chase Bank, National Association,
etc., respondent, v Jonathan Austern, appellant,
et al., defendants.
(Index No. 64674/14)
Motion by Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, inter alia, for leave to withdraw as counsel for the appellant on appeals from two orders of the Supreme Court, Suffolk County, both dated October 25, 2016, to consolidate the appeals, and, in effect, to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in 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 January 23, 2017, Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, 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 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 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 is granted, the appellant's time to perfect the appeal is enlarged until March 21, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., BRATHWAITE NELSON, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court