Opinion
Motion No: 2013-00536 KC
03-21-2014
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 14, 2013, to vacate a stay of reletting granted by decision and order on motion of this court dated April 15, 2013, and to enlarge the record on appeal to include a stipulation of settlement dated November 7, 2013. Separate motions by counsel for appellant, returnable February 19, 2014 and March 11, 2014, respectively, for leave to withdraw as counsel, for an enlargement of appellant's time to oppose respondent's motion, and for related relief.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and counsel for appellant's motions are consolidated for disposition; and it is further,
ORDERED that the motion by counsel for appellant returnable March 11, 2014 is granted and on or before April 2, 2014 counsel for appellant shall serve his client 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 against appellant, without leave of the court until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,
ORDERED that the motion by counsel for appellant returnable February 19, 2014 is denied as moot; and it is further,
ORDERED that respondent's motion is denied without prejudice to renewal upon service upon appellant.
ENTER:
Paul Kenny
Chief Clerk