Matter of Barmapov, Deceased
Motion No: 2023-01309
Slip Opinion No: 2024 NY Slip Op 61153(U)
Decided on January 24, 2024
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

M293739

AFA/

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-01309

In the Matter of Rebeca Barmapov, etc., Deceased.

Erma Eir Barmapov-Segev, appellant;

Benny Barmapov, respondent-respondent;

Kathleen Dempsey, et al., nonparty-respondents.

(File No. 1224/20021)

DECISION & ORDER ON MOTION

2023-01313

In the Matter of Rebeca Barmapov, etc., Deceased.

Erma Eir Barmapov-Segev, appellant;

Benny Barmapov, respondent-respondent;

Kathleen Dempsey, et al., nonparty-respondents.

(File No. 1224/20021)

Appeals from two orders of the Surrogate's Court, Richmond County, dated December 16, 2022, and December 8, 2022, respectively. Motion by Elman Freiberg PLLC for leave to withdraw as counsel for the appellant and to extend the time to perfect the appeals.

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 branch of the motion which is for leave to withdraw as counsel is granted and on or before February 14, 2024, Elman Freiberg 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 [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 branch of the motion which is to extend the time to perfect the appeals 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.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court