Appellate Division: Second Judicial Department

M301036

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2024-03324 Jonathan Smolian, appellant, v Alexander Peters, respondent, et al., defendant. (Index No. 601172/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Suffolk County, dated January 2, 2024. Motion by Kyle Silverstein for leave to withdraw as counsel for the appellant.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion for leave to withdraw as counsel is granted and on or before December 11, 2024, Kyle Silverstein shall serve his 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 [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 on the Court's own motion, the time to perfect the appeal is extended, and on or before February 10, 2025, 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., LANDICINO, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court