Opinion
Motion No. 2023-02797 Index No. 65699/2021
07-05-2024
Evan Lederman, respondent, v. Christopher M. Basile, et al., appellants, et al., defendants.
Unpublished Opinion
MOTION DECISION
M297574
MARK C. DILLON, J.P. BETSY BARROS ANGELA G. IANNACCI WILLIAM G. FORD, JJ.Appeal from an order of the Supreme Court, Westchester County, dated December 19, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Abrams, Fensterman, LLP, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and for leave to withdraw as counsel for the appellants.
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 vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further, ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted and on or before July 19, 2024, Abrams, Fensterman, LLP, shall 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, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at [email protected]; and it is further, ORDERED that no further proceedings shall be taken against the 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 it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before September 18, 2024, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., BARROS, IANNACCI and FORD, JJ., concur.