Appellate Division: Second Judicial Department

M286815

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2022-05713 Bank of America, N.A., respondent-appellant, v Anna Maria Gerasimou, et al., defendants, Compass Bank, appellant-respondent. (Index No. 712607/2018)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated May 3, 2022. Motion by Butler, Fitzgerald, Fiveson & McCarthy, P.C., for leave to withdraw as counsel for the appellant-respondent and to extend the time to perfect the appeal.

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 February 3, 2023, Butler, Fitzgerald, Fiveson & McCarthy, 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-respondent, 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 it is further,

ORDERED that the time to perfect the appeal is extended until May 4, 2023, and the joint record or appendix on the appeal and cross appeal and the appellant-respondent's brief shall be served and filed on or before that date.

BRATHWAITE NELSON, J.P., MALTESE, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court