Appellate Division: Second Judicial Department

M252121

E/rr

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2017-04925, 2017-05121 In the Matter of JP Morgan Chase Bank, N.A., respondent, v Russell Smith, et al., appellants. (Index No. 27940/08)

DECISION & ORDER ON MOTION

2018-00736

In the Matter of JP Morgan Chase Bank, N.A.,

respondent, v Russell Smith, et al., defendants-

appellants; Marisa Falero, nonparty-appellant.

(Index No. 27940/08)

2018-05106

In the Matter of JP Morgan Chase Bank, N.A.,

respondent-appellant, v Russell Smith, respondent,

Barbara Perryet al., defendants-appellants-respondents;

Lisa Kyle, nonparty-appellant-respondent.

(Index No. 27940/08)

Motion by Marisa Falero for leave to withdraw as counsel for Russell Smith on appeals from three orders of the Supreme Court, Kings County, dated March 27, 2017, April 4, 2017, and November 27, 2017, respectively, and an appeal and a cross appeal from a judgment of the same court dated March 15, 2018, for leave to refer to the appendix filed in connection with the appeals from the orders dated March 27, 2017, and April 4, 2017, in the briefs to be filed in connection with the appeal from the order dated November 27, 2017, and the appeal and cross appeal from the judgment, and to calendar the appeals and cross appeal together.

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 for Russell Smith is granted and on or before July 26, 2018, Marisa Falero shall serve Russell Smith 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 Russell Smith , 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 calendar the appeals and cross appeal together is granted and the appeals and cross appeal will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the order dated November 27, 2017, is enlarged until September 24, 2018.

MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court