| Bushwick Metals, LLC v Lunati Paving & Construction of NY, Inc. |
| Motion No: 2019-02531 |
| Slip Opinion No: 2019 NY Slip Op 85619(U) |
| Decided on December 9, 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
M268023
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-02531 Bushwick Metals, LLC, respondent, v Lunati Paving & Construction of NY, Inc., appellant. (Index No. 606942/16)
| DECISION & ORDER ON MOTION |
2019-07427
Bushwick Metals, LLC, respondent,
v Lunati Paving & Construction of
NY, Inc., appellant.
(Index No. 606942/16)
Motion by Donald Leo & Associates, P.C., for leave to withdraw as counsel for the appellant on appeals from an order of the Supreme Court, Suffolk County, dated January 31, 2019, and a judgment of the same court entered April 9, 2019, to consolidate the appeals, and to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branches of the motion which are for leave to withdraw as counsel with respect to the appeal from the order, to consolidate the appeals, and to extend the time to perfect the appeal from the order are denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to withdraw as counsel with respect to the appeal from the judgment is granted and on or before December 23, 2019, Donald Leo & Associates, P.C., 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 it 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 from the judgment is granted, the time to perfect the appeal from the judgment is extended until February 21, 2020.
CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court