HPHD Investors Group, LLC v Ioannou
Motion No: 2017-11783
Slip Opinion No: 2018 NY Slip Op 79121(U)
Decided on July 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M253392

T/rr

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2017-11783

HPHD Investors Group LLC, respondent,

v John M. Ioannou, etc., et al., appellants,

et al., defendants.

(Index No. 12146/13)

DECISION & ORDER ON MOTION

Motion by Lester & Associates, P.C., for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2017, and to enlarge the time to perfect the appeal. Cross motion by the respondent 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 branch of the motion which is for leave to withdraw as counsel is granted, and on or before August 14, 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 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 branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until September 13, 2018, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court