| Wardrop v DCI-Design Communications, LLC |
| Motion No: 2020-08361 |
| Slip Opinion No: 2021 NY Slip Op 70692(U) |
| Decided on August 25, 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
M278800
E/mb
MARK C. DILLON, J.P.
PAUL WOOTEN
JOSEPH A. ZAYAS
LARA J. GENOVESI, JJ.
|
2020-08361 Robert Wardrop, appellant, v DCI-Design Communications, LLC, et al., respondents (and a third-party action). (Index No. 664/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, entered September 30, 2020. Motion by Jeffrey J. Shapiro & Associates, LLC, inter alia, for leave to withdraw as counsel for the appellant, to extend the time to perfect the appeal, and, in effect, for a charging lien.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted and on or before September 15, 2021, Jeffrey J. Shapiro & Associates, LLC, 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 this Court via email at [email protected]; 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 him 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 time to perfect the appeal is extended, and on or before November 15, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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; and it is further,
ORDERED that the branch of the motion which is, in effect, for a charging lien is denied without prejudice to seeking any appropriate relief in the Supreme Court, Nassau County; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court