Matter of YC MD, P.C. v Shusterman
Motion No: 2019-09315
Slip Opinion No: 2021 NY Slip Op 64284(U)
Decided on April 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M274621

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2019-09315

In the Matter of YC MD, P.C., etc., respondent,

v David Shusterman, etc., appellant.

(Index No. 500138/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated June 25, 2019. Motion by Law Office of Michael B. Wolk, PC, for leave to withdraw as counsel for the appellant, to stay the matter for a period of 90 days so that the appellant can retain new counsel, and, in effect, to extend the time to perfect the appeal for a period of 90 days. Separate motion by the appellant to extend the time to perfect the appeal

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion by Law Office of Michael B. Wolk, PC, which are for leave to withdraw as counsel for the appellant and to stay the matter for a period of 90 days are denied as unnecessary as the appellant has retained new counsel; and it is further,

ORDERED that the branch of the motion by Law Office of Michael B. Wolk, PC, which is, in effect, to extend the time to perfect the appeal for a period of 90 days, is dismissed; and it is further,

ORDERED that the separate motion by the appellant is granted, the appellant's time to serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until June 7, 2021, the appellant shall file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that no further extension of time shall be granted.

DILLON, J.P., HINDS-RADIX, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court