Epstein v Neighborhood Plaza Partnership
Motion No: 2022-05565
Slip Opinion No: 2023 NY Slip Op 64200(U)
Decided on March 31, 2023
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

M288187

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2022-05565

Athena Giebler Epstein, etc., appellant,

v Neighborhood Plaza Partnership, et al.,

respondents.

(Index No. 713766/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated June 17, 2022. Motion by Shaevitz & Shaevitz for leave to withdraw as counsel for the appellant and to stay all proceedings in the appeal for a period of 60 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 April 21, 2023, Shaevitz & Shaevitz 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 [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 her 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 on the Court's own motion, the time to perfect the appeal is extended, and on or before June 21, 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.

BARROS, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court