RMNY Incubator Merrick, LLC v Weber
Motion No: 2017-07858
Slip Opinion No: 2018 NY Slip Op 87014(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

M256748

E/afa

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-07858

RMNY Incubator Merrick, LLC, plaintiff,

v Henry Weber, defendant third-party plaintiff-

appellant, Joanna Weber, et al., defendants-

appellants; Pierre Titley, et al., third-party

defendants-respondents.

(Index No. 605237/16)

DECISION & ORDER ON MOTION

Motion by Law Offices of Thomas F. Liotti, LLC, inter alia, for leave to withdraw as counsel for the defendant third-party plaintiff-appellant and the defendants-appellants on an appeal from an order of the Supreme Court, Nassau County, entered June 14, 2017, and, in effect, 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 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 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 defendant third-party plaintiff-appellant and the defendants-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, in effect, to enlarge the time to perfect the appeal is granted, the time to perfect the appeal is enlarged until December 21, 2018, and the record or appendix on the appeal and the brief of the defendant third-party plaintiff-appellant and the defendants-appellants 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