Appellate Division: Second Judicial Department

M245123

E/afa

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2017-07302 George Jimmy Musina, et al., appellants, v Board of Managers of the Schaeffer Landing North Condominium, et al., defendants third-party plaintiffs-respondents, Kent North Associates, LLC, et al., defendants-respondents; Kent Waterfront Builders, LLC, et al., third- party defendants-respondents. (Index No. 3060/11)

DECISION & ORDER ON MOTION

Motion by Goidel & Siegel, LLP, for leave to withdraw as counsel for the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated May 11, 2017. Cross motion by the third-party defendant-respondent Kent Waterfront Builders, LLC, to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and on or before February 7, 2018, Goidel & Siegel, LLP, 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 appellants' time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until April 9, 2018; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court