Re/Max of New York, Inc. v Weber

Re/Max of New York, Inc. v Weber

Motion No: 2017-07860

Slip Opinion No: 2018 NY Slip Op 87013(U)

Decided on October 24, 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

M256747

E/afa

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-07860, 2018-00564
Re/Max of New York, Inc., appellant-respondent,
v Henry Weber, respondent-appellant
(and a third-party action).
(Index No. 600848/16)

DECISION & ORDER ON MOTION

Motion by Law Offices of Thomas F. Liotti, LLC, inter alia, for leave to withdraw as counsel for the respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered June 8, 2017, and an appeal from an order of the same court entered November 30, 2017, and, in effect, to enlarge the time to serve and file a brief.

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 branch of the motion which is for leave to withdraw as counsel is granted and on or before November 7, 2018, Law Offices of Thomas F. Liotti, LLC, shall serve its client 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 respondent-appellant, 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, in effect, to enlarge the respondent-appellant's time to serve and file a brief is granted, the respondent-appellant's time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][4]), is enlarged until December 21, 2018, and the answering brief shall be served and filed on or before that date; and it is further

ORDERED that the motion is otherwise denied without prejudice to seeking relief in the Supreme Court, Nassau County.

BALKIN, J.P., COHEN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court