| Block 865, Lot 300, LLC v Baione |
| Motion No: 2022-04498 |
| Slip Opinion No: 2023 NY Slip Op 66757(U) |
| Decided on May 12, 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. |
Appellate Division: Second Judicial Department
M288928
AFA/
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2022-04498 Block 865, Lot 300, LLC, respondent, v Juliet F. Baione, et al., defendants; Louis A. Piccone, nonparty-appellant. (Index No. 101809/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated December 21, 2021. Motion by Law Office of Anthony V. Gentile for leave to withdraw as counsel for the appellant and to extend the time to perfect the appeal. Separate motion by Law Office of Anthony V. Gentile, inter alia, to strike the respondent's opposition to its motion for leave to withdraw as counsel for the appellant and to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before June 2, 2023, Law Office of Anthony V. Gentile 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 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 the branches of the motions which are to extend the time to perfect the appeal are granted, the time to perfect the appeal is extended, and on or before August 1, 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; and it is further,
ORDERED that the motion, inter alia, to strike the respondent's opposition to the motion for leave to withdraw as counsel for the appellant is otherwise denied.
DILLON, J.P., BRATHWAITE NELSON, MILLER and MALTESE, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court