Appellate Division: Second Judicial Department

M293585

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

LILLIAN WAN, JJ.

2023-03563 Faustino Perez, appellant, v Estate of Irene DiFabbio, et al., respondents, et al., defendant. (Index No. 54295/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated March 23, 2023. Motion by Pena & Kahn, PLLC 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 motion is granted and on or before February 7, 2024, Pena & Kahn, PLLC, 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 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 the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before April 8, 2024, 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., CHAMBERS, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court