Appellate Division: Second Judicial Department

M296838

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2022-02293 New Century Mortgage Corporation, plaintiff, v Lawrence Calamia, Jr., appellant, et al., defendants; Bank of America, National Association, etc., nonparty-respondent. (Index No. 12204/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated May 22, 2009. By decision and order on motion of this Court dated December 23, 2022, the motion by David A. Kaminsky & Associates, P.C., for leave to withdraw as counsel for the appellant was granted and David A. Kaminsky & Associates, P.C., was directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of the decision and order on motion dated December 23, 2022, on or before January 17, 2023, and file proof of such service with the Clerk of this Court. Motion by David A. Kaminsky & Associates, P.C., to extend the time to comply with the decision and order on motion of this Court dated December 23, 2022.

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 July 5, 2024, David A. Kaminsky & Associates, 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 the decision and order on motion of this Court dated December 23, 2022, 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 [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 the decision and order on motion of this Court dated December 23, 2022; 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 5, 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.

CONNOLLY, J.P., GENOVESI, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court