Appellate Division: Second Judicial Department

M271301

kbp/

LEONARD B. AUSTIN, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-03093 Lucille Orlando, etc., appellant-respondent, v New York City Health & Hospitals Corp., et al., respondents, All Care Contracting Corp., et al., respondents-appellants (and a third- party action). (Index No. 26283/2010)

DECISION & ORDER ON MOTION

Appeal and cross appeals from an order of the Supreme Court, Kings County, dated January 31, 2019. Motion by Wade Clark Mulcahy, LLP, for leave to withdraw as counsel for the respondent-appellant Salvinder Singh. Separate motion by the appellant-respondent, inter alia, to extend the time to perfect the appeal.

Upon the papers filed in support of the motion to withdraw as counsel for the respondent-appellant Salvinder Singh and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to extend the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to withdraw as counsel for the respondent-appellant Salvinder Singh is granted, and on or before July 6, 2020, Wade Clark Mulcahy, 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 respondent-appellant Salvinder Singh, 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 is granted, the appellant-respondent's time to perfect the appeal is extended, and on or before October 5, 2020, the appellant-respondent shall serve the joint record or appendix on the appeal and cross appeals (see 22 NYCRR 1250.9[f][1][ii]) and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the joint record or appendix and the appellant-respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court, and the motion is otherwise denied; and it is further,

ORDERED that the respondents-appellants shall serve and file their respective answering briefs, including the points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv]).

AUSTIN, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court