Frankel v 59 Sands Point, LLC
Motion No: 2016-11897
Slip Opinion No: 2022 NY Slip Op 75744(U)
Decided on December 14, 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

M286399

AFA/

FRANCESCA E. CONNOLLY, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2016-11897

Ronald Frankel, respondent,

v 59 Sands Point, LLC, et al., appellants,

et al., defendants.

(Index No. 8597/2014)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated September 20, 2016. Motion by Westerman, Ball, Ederer, Miller, Zucker & Sharfstein, LLP, for leave to withdraw as counsel for the appellants 59 Sands Point, LLC, 513 Central Park, LLC, Eve Strausman Winston, and Jonathan Winston, 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 branch of the motion which is for leave to withdraw as counsel is granted, and on or before January 13, 2023, Westerman, Ball, Ederer, Miller, Zucker & Sharfstein, 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 the branch of the motion which is to stay all proceedings for a period of 30 days is granted to the extent that no further proceedings shall be taken against the appellants 59 Sands Point, LLC, 513 Central Park, LLC, Eve Strausman Winston, and Jonathan Winston, 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 that the branch of the motion is otherwise denied; and it is further,

ORDERED that on or before February 14, 2023, the appellants 59 Sands Point, LLC, and 513 Central Park, LLC, shall advise this Court, in writing, of the name and address of new counsel, or their appearances will be stricken from the briefs filed by former counsel, and the appeal will be dismissed insofar as taken by them, without further notice.

CONNOLLY, J.P., WOOTEN, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court