Appellate Division: Second Judicial Department

M263448

E/mm

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2019-01103 Brian Scott, respondent, v Virginia Scott, appellant. (Index No. 16754/15)

DECISION & ORDER ON MOTION

Motion by Farber, Pappalardo & Carbonari and John Pappalardo, inter alia, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated November 5, 2018, and to extend the time to perfect the appeal.

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 Farber, Pappalardo & Carbonari to withdraw as counsel for the appellant is granted and on or before June 27, 2019, Farber, Pappalardo & Carbonari 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 him of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended until August 26, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for John Pappalardo to withdraw as counsel for the appellant is denied as unnecessary as John Pappalardo is not the attorney of record for the appellant; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court