| Gelt, LLC v 135 Middleton U3R, LLC |
| Motion No: 2023-02157 |
| Slip Opinion No: 2023 NY Slip Op 73427(U) |
| Decided on September 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. |
Appellate Division: Second Judicial Department
M291059
AFA/
ANGELA G. IANNACCI, J.P.
CHERYL E. CHAMBERS
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2023-02157 Gelt, LLC, et al., respondents, v 135 Middleton U3R, LLC, et al., appellants, et al., defendants. (Index No. 529417/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 12, 2022. Motion by Abrams, Fensterman, LLP, for leave to withdraw as counsel for the appellants. Application by appellants to extend the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and on or before October 6, 2023, Abrams, Fensterman, LLP, 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 Acting 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 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 it is further,
ORDERED that on or before November 6, 2023, the appellant 135 Middleton U3R, LLC, shall advise this Court, in writing, of the name and address of new counsel, or its appearance will be stricken from the brief filed by former counsel, and the appeal will be dismissed insofar as taken by it, without further notice; and it is further,
ORDERED that the application is granted, and on or before November 6, 2023, the appellants shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., CHAMBERS, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court