Appellate Division: Second Judicial Department

M288250

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

BARRY E. WARHIT, JJ.

2022-07565 Michael Barry, appellant, v Phyllis Barry, respondent. (Index No. 800472/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 16, 2022. Motion by Long Tuminello, LLP, for leave to withdraw as counsel for the appellant.

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 April 26, 2023, Long Tuminello, 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 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 June 26, 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 appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CHAMBERS, MALTESE and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court