Bank of New York Mellon Trust Company, N.A. v Unknown Heirs to the Estate of Marie Antoinette Laurore, etc.

Bank of New York Mellon Trust Company, N.A. v Unknown Heirs to the Estate of Marie Antoinette Laurore, etc.

Motion No: 2022-05715

Slip Opinion No: 2023 NY Slip Op 66801(U)

Decided on May 15, 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

M288992

AFA/

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2022-05715
Bank of New York Mellon Trust Company,
N.A., respondent, v Unknown Heirs to the
Estate of Marie Antoinette Laurore, etc.,
et al., defendants; Kevin Cobb, et al.,
nonparty-appellants.
(Index No. 717483/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated June 7, 2022. Motion by Sharova Law Firm for leave to withdraw as counsel for the appellants and to stay all proceedings in the appeal for a period of 30 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 June 5, 2023, Sharova Law Firm shall serve its clients 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 in the appeal for a period of 30 days is granted to the extent that no further proceedings shall be taken against the appellants, 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 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 August 4, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' 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.

DUFFY, J.P., CHAMBERS, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court