Appellate Division: Second Judicial Department

M304667

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2024-02099, 2024-02100, 2024-02101 Giuseppe Lubrano, respondent, v Ekaterina Lubrano, appellant. (Index No. 550642/2020)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Kings County, dated March 4, 2024, March 11, 2024, and March 12, 2024, respectively. Motion by the respondent to vacate a stay granted by decision and order on motion of this Court dated April 29, 2024. Motion by appellant's assigned counsel to be relieved of the assignment, for the assignment of new counsel, and to extend the time to perfect the appeals. Cross-motion by respondent to impose a sanction upon the appellant and appellant's assigned counsel. The appellant's motion for waiver of costs, fees, and expenses and for the assignment of counsel was granted on April 29, 2024, and the following named attorney was assigned as counsel to prosecute the appeals:

Carol Lipton

800 Greenwood Ave., #3L

Brooklyn, NY 11218

718-436-5359

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

ORDERED that the motion to vacate the stay granted by decision and order on motion of this Court dated April 29, 2024, is denied; and it is further,

ORDERED that the branch of the motion by assigned counsel which is to be relieved of the assignment and for the assignment of new counsel is granted, and said assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeals:

Yasmin Daley Duncan

386 Parkside Avenue

Brooklyn, NY 11226

866-565-3441

and it is further;

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until May 27, 2025; and it is further,

ORDERED that the cross-motion is denied; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

BARROS, J.P., CHRISTOPHER, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court