| New Century Mortgage Corporation v Calamia |
| Motion No: 2022-02293 |
| Slip Opinion No: 2022 NY Slip Op 76398(U) |
| Decided on December 23, 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
M286456
AFA/
MARK C. DILLON, J.P.
WILLIAM G. FORD
BARRY E. WARHIT
LILLIAN WAN, JJ.
|
2022-02293 New Century Mortgage Corporation, plaintiff, v Lawrence Calamia, Jr., appellant, et al., defendants; Bank of America, National Association, etc., nonparty-respondent. (Index No. 12204/2008)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated May 22, 2009. Motion by David A. Kaminsky & Associates, P.C., for leave to withdraw as counsel for the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and on or before January 17, 2023, David A. Kaminsky & Associates, P.C., 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 NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at AD2- [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 on the Court's own motion, the time to perfect the appeal is extended, and on or before March 20, 2023, 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.
DILLON, J.P., FORD, WARHIT and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court