| Castle Peak 2012-1 Loan Trust Mortgage Backed Notes v Grigorovich |
| Motion No: 2020-02648 |
| Slip Opinion No: 2020 NY Slip Op 69096(U) |
| Decided on July 24, 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. |
Appellate Division: Second Judicial Department
M272090
E/sl
RUTH C. BALKIN, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2020-02648, 2020-02649 Castle Peak 2012-1 Loan Trust Mortgage Backed Notes, Series 2012-1, respondent, v Ruslan Grigorovich, appellant, et al., defendants. (Index No. 3543/2013)
| DECISION & ORDER ON MOTION |
Appeals from a decision of the Supreme Court, Nassau County, and an order and judgment (one paper) of the same court, both entered November 21, 2019. Motion by Lester & Associates, P.C., for leave to withdraw as counsel for the appellant on the appeals and to extend the time to perfect the appeals.
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 decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is for leave to withdraw as counsel on the appeal from the order and judgment is granted, and on or before August 14, 2020, Lester & 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 upload a digital copy of an affidavit of service of this decision and order on motion through the digital portal on this Court's website; 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 the appellant 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 order and judgment is denied as unnecessary as to the time to perfect that appeal does not expire until October 13, 2020 (see ADM 2020-0707); and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., HINDS-RADIX, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court