Appellate Division: Second Judicial Department

M256397

E/mm

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2018-04307 George Giotis, et al., appellants, v Walter A. Besser, etc., et al., respondents. (Index No. 709155/15)

DECISION & ORDER ON MOTION

Motion by Munawar & Andrews-Santillo, LLP, for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Queens County, dated February 16, 2018, and, in effect, to enlarge the time to perfect the appeal. Cross motion by the respondent Wael Kamel to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court on April 30, 2018. Separate motion by the appellants, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings the order up for review.

Upon the papers filed in support of the motion by Munawar & Andrews-Santillo, LLP, and the papers filed in opposition and in relation thereto, upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, it is

ORDERED that the motion by Munawar & Andrews-Santillo, LLP, is granted and on or before October 31, 2018, Munawar & Andrews-Santillo, 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 time to perfect the appeal is enlarged until December 31, 2018, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date; and it is further,

ORDERED that the separate motion by the appellants, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings the order up for review is granted; and it is further,

ORDERED that the cross motion is denied as academic.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court