Appellate Division: Second Judicial Department

M291413

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2022-01271 Elizabeth Eilers, appellant, v State of New York, respondent. (Claim No. 136692)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims, dated January 11, 2022. Motion by Herman Law, for leave to withdraw as counsel for the appellant. Separate motion by the appellant to extend the time to perfect the appeal.

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 motion for leave to withdraw as counsel is granted and on or before October 25, 2023, Herman Law 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 Acting 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 them of a copy of this decision and order on motion; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before December 26, 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.

DILLON, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court