Appellate Division: Second Judicial Department

M304190

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2025-00424 Josette Simmons-McGhee, appellant, v Michael McGhee, respondent. (Index No. 51615/2011)

DECISION AND ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated November 8, 2024. Motion by the appellant pro se to relieve retained counsel and proceed pro se, for leave to appeal to this Court from so much of the order as, sua sponte, appointed a receiver to sell the subject property, and to stay enforcement of the order, including the sale of the subject property, pending hearing and determination of the appeal.

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 to relieve retained counsel and proceed pro se is denied without prejudice to filing of a consent to change attorney (see 22 NYCRR 670.1[c][4][A]); and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this Court from so much of the order as, sua sponte, appointed a receiver to sell the subject property is granted; and it is further,

ORDERED that the branch of the motion to stay enforcement of the order, including the sale of the subject property, is granted and the enforcement of the order is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 19, 2025; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 19, 2025, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

BARROS, J.P., WARHIT, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court