Barnes v Barnes
Motion No: 2022-05044
Slip Opinion No: 2023 NY Slip Op 70509(U)
Decided on July 21, 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

M290136

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2022-05044

Asa Barnes III, appellant,

v Emily Barnes, respondent.

(Index No. 501880/2019)

DECISION & ORDER ON MOTION

Appeal from an amended judgment of the Supreme Court, Putnam County, dated May 24, 2022. Motion by the appellant to extend the time to perfect the appeal. Motion by Fredman Baken and Novenstern, LLP, for leave to withdraw as counsel for the appellant.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted; and it is further;

ORDERED that on or before August 11, 2023, Fredman Baken and Novenstern, 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 or before October 11, 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., BRATHWAITE NELSON, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court