Appellate Division: Second Judicial Department

M250448

E/sl

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-09681 SMS Financial XXXI, LLC, respondent, v Great Locations, Inc., defendant-appellant, et al., defendants; Neil Curtis, nonparty-appellant. (Index No. 2396/14)

DECISION & ORDER ON MOTION

Motion by Lester & Associates, P.C., for leave to withdraw as counsel for the defendant-appellant on an appeal from an order of the Supreme Court, Nassau County, entered July 28, 2018, and to enlarge the time to perfect the appeal. Separate motion by the respondent to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion by Lester & Associates, P.C., and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by Lester & Associates, P.C., is granted, and on or before June 6, 2018, Lester & Associates, P.C., 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 defendant-appellant and the nonparty-appellant, 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 time to perfect the appeal is enlarged until September 4, 2018, and the record or appendix on the appeal and the brief of the defendant-appellant and the nonparty-appellant shall be served and filed on or before that date; and it is further,

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

ORDERED that the respondent's motion is denied.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court