Opinion
Motion No. 2023-01616 Index No. 717693/2019
06-12-2023
In the Matter of 27-10 37th Avenue, LLC, appellant-respondent, v. Nashasara, LLC, etc., et al., respondents-appellants.
Unpublished Opinion
MOTION DECISION
M289491
BETSY BARROS, J.P., PAUL WOOTEN, WILLIAM G. FORD, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal and cross appeal from an order of the Supreme Court, Queens County, dated December 23, 2022. Motion by Klein Slowik PLLC for leave to withdraw as counsel for the respondents-appellants, to stay all proceedings in the appeal and cross appeal, and to retain a charging lien.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to stay to withdraw as counsel is granted and on or before July 3, 2023, Klein Slowik PLLC, shall serve its clients 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 AD2-Motions@nycourts.gov; and it is further, ORDERED that the branch of the motion which is to stay all proceedings in the appeal and cross appeal is granted to the extent that no further proceedings shall be taken against the respondents-appellants, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion, and that branch of the motion is otherwise denied; and it is further, ORDERED that the branch of the motion which is to retain a charging lien is denied without prejudice to seeking relief in the Supreme Court, Queens County; and it is further, ORDERED that on the Court's own motion, on or before September 5, 2023, the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., WOOTEN, FORD and WARHIT, JJ., concur.