| Russo v Time Moving and Storage, Inc. |
| Motion No: 2022-07726 |
| Slip Opinion No: 2024 NY Slip Op 61299(U) |
| Decided on January 26, 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. |
Appellate Division: Second Judicial Department
M293772
AFA/
VALERIE BRATHWAITE NELSON, J.P.
DEBORAH A. DOWLING
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2022-07726 Michael Russo, etc., et al., respondents-appellants, v Time Moving and Storage, Inc., et al., defendants, Kevin Gilgan, etc., defendant third-party plaintiff/ counterclaim defendant-appellant-respondent; Joseph P. Toscano, third-party defendant/counterclai plaintiff-respondent-appellant. (Index No. 10035/2011)
| DECISION & ORDER ON MOTION m |
Appeal and cross-appeal from a judgment of the Supreme Court, Nassau County, dated August 26, 2022. Motion by Ellenoff Grossman & Schole LLP for leave to withdraw as counsel for the appellant-respondent and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filled in opposition or in relation thereto, it is
ORDERED that the motion is granted and on or before February 16, 2024, Ellenoff Grossman & Schole LLP, 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 17, 2024, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court