Appellate Division: Second Judicial Department

M263301

E/mm

WILLIAM F. MASTRO, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-12631 Kasson Construction Management Corp., plaintiff-appellant, v Je Jun Moon, defendants third-party plaintiffs-respondents; Joseph Kasson, third-party defendant-appellant. (Index No. 10360/14)

DECISION & ORDER ON MOTION

2018-12632

Kasson Construction Management Corp.,

plaintiff-appellant, v Je Jun Moon, defendants

third-party plaintiffs-respondents; Joseph

Kasson, third-party defendant-appellant.

(Index No. 10360/14)

Motion by Rossi, Crowley, Sancimino & Kilgannon LLP for leave to withdraw as counsel for the plaintiff-appellant and third-party defendant-appellant on appeals from two judgments of the Supreme Court, Nassau County, entered July 19, 2018, and August 1, 2018, respectively, to extend the time to perfect the appeals, and to consolidate the appeals.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel for the plaintiff-appellant and third-party defendant-appellant on the appeal from the judgment entered July 19, 2018, to extend the time to perfect that appeal, and to consolidate the appeals is denied as academic as the appeal from the judgment entered July 19, 2018, has been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,

ORDERED that the branch of the motion which is for leave to withdraw as counsel for the plaintiff-appellant and third-party defendant-appellant on the appeal from the judgment entered August 1, 2018, and to extend the time to perfect that appeal is granted, and on or before June 20, 2019, Rossi, Crowley, Sancimino & Kilgannon 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 plaintiff-appellant and third-party defendant-appellant, without leave of this 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 from the judgment entered August 1, 2018, is extended until August 19, 2019.

MASTRO, J.P., MALTESE, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court