| Miranti v Ben-Zaken |
| Motion No: 2020-05561 |
| Slip Opinion No: 2024 NY Slip Op 75631(U) |
| Decided on October 2, 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
M299675
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
CARL J. LANDICINO, JJ.
|
2020-05561 Raymond Miranti, appellant, v Yair Ben-Zaken, et al., respondents. (Index No. 604685/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Nassau County, dated June 22, 2020. On or about April 8, 2024, counsel for the appellant served upon the respondents a notice pursuant to CPLR 321(c) to appoint new appellate counsel. Motion by the appellant, in effect, to vacate the CPLR 321(c) stay and to restore the appeal to active status.
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 on or before November 15, 2024, the respondent 3231 Associates LLC shall advise this Court in writing of the appearance of counsel retained to represent it, or the appearance of the respondent 3231 Associates LLC will be stricken from the brief previously filed on its behalf; and it is further,
ORDERED that on or before October 16, 2024, the appellant shall serve the respondents 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 [email protected]; and it is further,
ORDERED that the motion is held in abeyance in the interim.
DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court