Opinion
2012-09770 Index No. 43514/10 M153271
03-20-2013
Patrick Heeney, appellant, v. Sayville Plaza Shopping Center, Inc., et al., respondents.
, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by Gruenberg Kelly Della for leave to withdraw as to as counsel for the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated August 21, 2012, for a lien for expenses and disbursements, and, in effect, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for leave to withdraw as counsel and, in effect, to enlarge the time to perfect the appeal are granted, and on or before April 3, 2013, Gruenberg Kelly Della is directed to 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; 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 him of a copy of this decision and order on motion; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 10, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ORDERED that the branch of the motion which is for a lien for expenses and disbursements is denied without prejudice to seeking appropriate relief in the Supreme Court, Suffolk County.
SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court