Appellate Division: Second Judicial Department

M276588

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2019-10570, 2020-05101 Fredericka Riordan, appellant-respondent, v Franklin Ciaccio, et al., respondents-appellants. (Index No. 517524/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 28, 2019, and appeal from an order of the same court dated May 28, 2020. Motion by Michael Valentine for leave to withdraw as counsel for the respondents-appellants on the appeals and cross appeal, to fix his lien and fee for legal services, and, in effect, to extend the time to serve and file the respondents-appellants' reply brief. Separate motion by the appellant-respondent to strike portions of the respondents-appellants' answering brief on the grounds that they, inter alia, refer to matter dehors the record, or improperly raise arguments for the first time on the appeals and cross appeal.

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

ORDERED that the branch of the motion by Michael Valentine which is for leave to withdraw as counsel for the respondents-appellants on the appeals and cross appeal is granted and on or before May 3, 2021, Michael Valentine shall serve his clients 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 email to [email protected]; and it is further,

ORDERED that no further proceedings shall be taken against the respondents-appellants, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion by Michael Valentine which is to fix his lien and fee for legal services is denied without prejudice to seeking relief in the Supreme Court, Kings County; and it is further,

ORDERED that the branch of the motion by Michael Valentine which is, in effect, to extend the respondents-appellants' time to serve and file a reply brief is granted, the respondents-appellants' time to serve and file a reply brief is extended, and on or before June 16, 2021, the respondents-appellants shall serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website, and the respondents-appellants shall file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the appellant-respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeals and cross appeal for determination upon the argument or submission thereof.

CHAMBERS, J.P., HINDS-RADIX, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court