| Perlman v Johnson |
| Motion No: 2017-09227 |
| Slip Opinion No: 2018 NY Slip Op 68172(U) |
| Decided on March 28, 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
M248047
E/afa
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-09227 Daniel S. Perlman, respondent, v Ivy May Johnson, appellant, et al., defendant. (Index No. 14292/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 19, 2017, to vacate a stay granted by a decision and order on motion of this Court dated October 27, 2017, as amended January 8, 2018, for failure to comply with so much of that decision and order on motion as conditioned the stay upon the perfection of the appeal on or before February 8, 2018. Motion by Heslop & Kalba, LLP, for leave to withdraw as counsel for the appellant.
Upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by Heslop & Kalba, LLP, and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is denied; and it is further,
ORDERED that the motion by Heslop & Kalba, LLP, is granted and on or before April 11, 2018, Heslop & Kalba, 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 her of a copy of this decision and order on motion; and it is further,
ORDERED that on the Court's own motion, the decretal paragraphs of the decision and order on motion of this Court dated October 27, 2017, as amended January 8, 2018, are amended by deleting therefrom the date "February 8, 2018," and substituting therefor the date "June 11, 2018," and the appellant's time to perfect the appeal is enlarged until June 11, 2018.
DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court