Appellate Division: Second Judicial Department

M293736

AFA/

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-01765 Showayne Sidney Modeste, appellant, v City of New York, respondent, et al., defendants. (Index No. 866/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 4, 2023. Motion by Mitchell Dranow and Harmon, Linder & Rogowsky, inter alia, for leave to withdraw as counsel for the appellant. Application by the appellant to extend the time to perfect the appeal.

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 branch of the motion which is for leave to withdraw as counsel is granted and on or before February 14, 2024, Mitchell Dranow and Harmon, Linder & Rogowsky, shall serve their 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 application is granted, and on or before April 15, 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., IANNACCI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court