| Brown v Home Sales, Inc. |
| Motion No: 2017-04935 |
| Slip Opinion No: 2022 NY Slip Op 63255(U) |
| Decided on March 18, 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
M281981
MB/
FRANCESCA E. CONNOLLY, J.P.
REINALDO E. RIVERA
ROBERT J. MILLER
PAUL WOOTEN, JJ.
|
2017-04935, 2017-04938 Veta Brown, plaintiff-respondent, v Home Sales, Inc., defendant-respondent, Eric Tenn Thomas, Jr., appellant, et al., defendants. (Index No. 504151/2015)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Kings County, both dated April 18, 2017. Motion by the defendant-respondent for leave to serve the appellant with a notice to appoint another appellate attorney pursuant to CPLR 321(c) in a manner other than by personal delivery.
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 it is further,
ORDERED that, on or before April 18, 2022, the defendant-respondent shall serve the appellant with the notice to appoint another appellate attorney pursuant to CPLR 308(2), or pursuant to CPLR 308(4), only if service pursuant to CPLR 308(2) cannot be made with due diligence; and it is further,
ORDERED that the defendant-respondent shall file proof of such service through the digital portal on this Court's website; 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 completion of service upon him of the notice to appoint another appellant attorney (see CPLR321[c]).
CONNOLLY, J.P., RIVERA, MILLER and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court