| Citibank, N.A. v Porter |
| Motion No: 2020-03522 |
| Slip Opinion No: 2021 NY Slip Op 62398(U) |
| Decided on February 26, 2021 |
| 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
M275738
E/sl
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2020-03522 Citibank, N.A., respondent, v Peggy Porter, et al., appellants, et al., defendants. (Index No. 516989/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated January 21, 2020. Motion by Berg & David, PLLC, for leave to withdraw as counsel for the appellants and to extend the time to perfect the appeal.
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 the motion is dismissed on the ground that it was made in violation of the stay which arose upon the death of the appellant Peggy Porter (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713).
AUSTIN, J.P., MILLER, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court