Opinion
Motion No: 2017-01779 SC
06-29-2018
Highview at Huntington Owners Corp., Respondent, v. Marina C. John-Lewis, Appellant, et al., Undertenants.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Pro se motion by appellant on an appeal from a final judgment of the District Court of Suffolk County, Third District, entered September 13, 2017, to continue a stay granted by decision and order on motion of this court dated October 27, 2017, and extended by decision and order on motion of this court dated February 20, 2018. Separate motion by Robert J. Cecere, Esq., to withdraw as counsel for appellant and for a retaining lien.
Upon the papers filed in support of appellant's motion and the papers filed by respondent in opposition thereto, and upon the papers filed in support of the motion by Robert J. Cecere, Esq., and the papers filed by respondent in partial opposition thereto, it is
ORDERED, on the court's own motion, that the motions by appellant and Robert J. Cecere, Esq., are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted on condition that appellant perfect the appeal by September 7, 2018 and continue to comply with the terms of the decision and order on motion of this court dated October 27, 2017; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay, on three days' notice; and it is further,
ORDERED that the branch of the motion by Robert J. Cecere, Esq., seeking to withdraw as counsel for appellant is granted and on or before July 13, 2018, Robert J. Cecere, Esq., is directed to 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; and it is further,
ORDERED that no further proceedings shall be taken without leave of the court, until the expiration of 30 days after the service upon appellant of a copy of this decision and order on motion; and it is further,
ORDERED that the branch of the motion by Robert J. Cecere, Esq. seeking a retaining lien is denied without prejudice to counsel seeking that relief in the District Court.
ENTER:
Paul Kenny
Chief Clerk