Bueno v City of New York
Motion No: 2021-07523
Slip Opinion No: 2023 NY Slip Op 66998(U)
Decided on May 17, 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

M284130

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2021-07523

Virgen Bueno, appellant,

v City of New York, defendant,

New York City Transit Authority, et al.,

respondents.

(Index No. 502285/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 9, 2021. Motion by William Schwitzer & Associates, P.C. 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 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 7, 2023, William Schwitzer & Associates, 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 [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 branch of the motion which is to extend the time to perfect the appeal is granted, the time to perfect the appeal is extended, and on or before August 7, 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.

BARROS, J.P., CHAMBERS, VOUTSINAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court