| Tiburcio v City of Yonkers |
| Motion No: 2018-09978 |
| Slip Opinion No: 2019 NY Slip Op 67086(U) |
| Decided on April 3, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M261551
U/mm
REINALDO E. RIVERA, J.P.
MARK C. DILLON
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2018-09978 Rosa Tiburcio, appellant, v City of Yonkers, et al., respondents. (Index No. 53441/16)
| DECISION & ORDER ON MOTION |
Motion by Marc J. Bern & Partners, LLP, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Westchester County, dated August 8, 2018. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before May 3, 2019, Marc J. Bern & Partners, LLP, 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 appellant, without leave of the court, until the expiration of 30 days after service upon the appellant of a copy of this decision and order on motion; and it is further,
ORDERED that the appellant's time to perfect the appeal is extended until August 5, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
RIVERA, J.P., DILLON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court