Saldierna v Herrick
Motion No: 2018-04138
Slip Opinion No: 2018 NY Slip Op 86340(U)
Decided on October 17, 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

M256403

E/rr

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2018-04138

Emma Saldierna, etc., et al., respondents,

John Herrick, et al., appellants.

(Index No. 612426/15)

DECISION & ORDER ON MOTION

Motion by Irwin Popkin for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated March 7, 2018, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the motion is granted, and on or before October 31, 2018, Irwin Popkin shall serve his 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court