Shaw v Camp Malibu, Inc.
Motion No: 2021-05561
Slip Opinion No: 2022 NY Slip Op 71113(U)
Decided on September 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M284766

AFA/

ROBERT J. MILLER, J.P.

LINDA CHRISTOPHER

JOSEPH A. ZAYAS

HELEN VOUTSINAS, JJ.

2021-05561

Jamie Shaw, appellant,

v Camp Malibu, Inc., respondent.

(Index No. 605732/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 2, 2021. Motion by Abrams Fensterman, LLP, for leave to withdraw as counsel for the appellant, to stay all proceedings in the appeal for a period of 60 days, and for a retaining lien pursuant to Judiciary Law § 475. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before October 3, 2022, Abrams Fensterman, LLP, 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 the Clerk of this Court, via email at AD2- [email protected]; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings for a period of 60 days is granted to the extent 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 that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for a retaining lien pursuant to Judiciary Law § 475 is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the application is granted, the time to perfect the appeal is extended, and on or before December 2, 2022, 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.

MILLER, J.P., CHRISTOPHER, ZAYAS and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court