Vitani v Cracker Barrel Old Country Store, Inc.
Motion No: 2020-00929
Slip Opinion No: 2020 NY Slip Op 66493(U)
Decided on May 22, 2020
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M270977

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2020-00929

Dominick Vitani, appellant,

v Cracker Barrel Old Country Store, Inc.,

respondent.

(Index No. 7461/15)

DECISION & ORDER ON MOTION

Motion by Finkelstein & Partners, LLP, for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Orange County, dated November 7, 2019, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted and on or before June 5, 2020, Finkelstein & 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 via e-mail to [email protected]; 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 appellant's time to perfect the appeal is denied as academic (see ADM 2020-0506).

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

ENTER:

Aprilanne Agostino

Clerk of the Court