Opinion
Motion No. 2021-00040 Motion No. 2020-04000
02-18-2021
1032-1034 Lexington Avenue, Ltd., Plaintiff-Respondent, v. Jackie Rogers, Defendant-Appellant.
PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Troy K. Webber Angela M. Mazzarelli Lizbeth González, Justices. Index No. 111895/10
Case No. 2019-04938
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 16, 2019, which denied defendant's motion to vacate a default judgment, same court, entered on or about August 03, 2018, and said appeal having been perfected,
And defendant-appellant having moved to stay all judgment enforcement proceedings pending the hearing and determination of said appeal (M-2020-04000),
And Falcon Rappaport & Berkman PLLC having moved to withdraw as counsel for plaintiff-respondent, and to stay all proceedings in the aforesaid appeal, in order to allow plaintiff-respondent to obtain new counsel (M-2021-00040),
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that the motion by defendant-appellant to stay enforcement of the aforesaid judgment pending the hearing and determination of the appeal (M-2020-04000) is denied, and the interim stay granted by an order of a Justice of this Court, dated December 11, 2020 is hereby vacated, and
It is further ordered that the motion by Falcon Rappaport & Berkman PLLC, to withdraw as counsel for plaintiff-respondent (M-2021-00040) is granted to the extent of relieving Falcon Rappaport & Berkman PLLC as counsel for plaintiff-respondent and directing plaintiff-respondent to file its respondent's brief on or before March 24, 2021 for the May 2021 Term of this Court. ENTERED: February 18, 2021
/s/
Susanna Molina Rojas
Clerk of the Court