Appellate Division: Second Judicial Department

M305973

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2024-07440 In the Matter of Patriot Organization, Inc., appellant, v Town of Hempstead, et al., respondents. (Index No. 619936/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated May 31, 2024. Motion by the appellant, inter alia, to stay the respondent Town of Hempstead from permitting the respondent Web Construction Corp., to perform certain construction work, and to stay Web Construction Corp., from performing certain construction work, pending hearing and determination of the appeal. Motion by La Reddola, Lester & Associates, LLP, for leave to withdraw as counsel for the appellant. Separate motion by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion by appellant, inter alia, to stay the respondent Town of Hempstead from permitting the respondent Web Construction Corp., to perform certain construction work, and to stay Web Construction Corp., from performing certain construction work, pending hearing and determination of the appeal, and the papers filed in opposition thereto, and upon the papers filed in support of the motion by by La Reddola, Lester & Associates, LLP, for leave to withdraw as counsel for the appellant, and the motion by the appellant to extend the time to perfect the appeal, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the appellant, inter alia, to stay the respondent Town of Hempstead from permitting the respondent Web Construction Corp., to perform certain construction work, and to stay Web Construction Corp., from performing certain construction work, pending hearing and determination of the appeal, is denied; and it is further,

ORDERED that the motion by La Reddola, Lester & Associates, LLP for leave to withdraw as counsel for the appellant is granted and on or before July 2, 2025, La Reddola, Lester & Associates, LLP 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 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 it of a copy of this decision and order on motion; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before September 2, 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.

CONNOLLY, J.P., GENOVESI, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court