Appellate Division: Second Judicial Department

M269460

kbp/

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-09006 Shaundelle Tappin, et al., respondents, v Walter Smith, appellant, et al., defendant. (Index No. 504183/14)

DECISION & ORDER ON MOTION

2019-09007

Shaundelle Tappin, et al., respondents,

v Walter Smith, appellant, et al., defendant.

(Index No. 504183/14)

Motion by Edward Friedman for leave to withdraw as counsel for the appellant on appeals from an order of the Supreme Court, Kings County, dated June 14, 2019, and a judgment of the same court, dated July 18, 2019.

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 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 from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied as academic as to the appeal from the order and is granted as to the appeal from the judgment, and on or before February 21, 2020, Edward Friedman shall serve his 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 time to perfect the appeal from the judgment is extended until April 22, 2020, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

MASTRO, J.P., COHEN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court