| BK 38th Lender, LLC v Project Erasmus, LLC |
| Motion No: 2021-06136 |
| Slip Opinion No: 2022 NY Slip Op 60004(U) |
| Decided on January 3, 2022 |
| 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
M280791
AFA/
ROBERT J. MILLER, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.
|
2021-06136 BK 38th Lender, LLC, respondent, v Project Erasmus, LLC, et al., appellants, et al., defendants. (Index No. 506652/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated August 4, 2021. Motion by Berger Fink LLP for leave to withdraw as counsel for the appellants and to stay all proceedings in the appeal for a period of 30 days.
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 granted, and on or before January 24, 2022, Berger Fink LLP shall serve its 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 at [email protected]; and it is further,
ORDERED that no further proceedings shall be taken against the appellants, without leave of this 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 on the Court's own motion, the appellants' time to perfect the appeal is extended, and on or before March 7, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
MILLER, J.P., MALTESE, WOOTEN and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court