| Wilmington Trust, National Association v Fixler |
| Motion No: 2024-00730 |
| Slip Opinion No: 2024 NY Slip Op 68008(U) |
| Decided on May 20, 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
M296498
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LINDA CHRISTOPHER
DEBORAH A. DOWLING
LAURENCE L. LOVE, JJ.
|
2024-00730 Wilmington Trust, National Association, etc., respondent, v Eli S. Fixler, etc., et al., appellants, et al., defendants. (Index No. 135009/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated September 21, 2023. Motion by Rosenberg, Fortuna & Laitman, P.C., for leave to withdraw as counsel for the appellants and to stay all proceedings in the appeal for a period of 60 days.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted and on or before June 3, 2024, Rosenberg, Fortuna & Laitman, P.C., 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 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 the branch of the motion which is to stay all proceedings in the appeal for a period of 60 days is granted to the extent 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 that branch of the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before September 3, 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.
BRATHWAITE NELSON, J.P., CHRISTOPHER, DOWLING and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court