Opinion
Motion Nos. 2023-12275 2023-12276 Index No. 711440/2023
02-28-2024
Yolanda Reed, appellant, v. Douglas Chisolm, etc., respondent, et al., defendant. Yolanda Reed, appellant, v. Douglas Chisolm, etc., respondent, et al., defendant.
Unpublished Opinion
MOTION DECISION
M294520
COLLEEN D. DUFFY, J.P. LINDA CHRISTOPHER LARA J. GENOVESI LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Queens County, dated August 14, 2023, and September 29, 2023, respectively. Motion by the respondent to dismiss the appeal from the order dated August 14, 2023, on the ground that the appeal was untimely taken, and for an award of attorneys' fees. Motion by Curtis Law, PLLC for leave to withdraw as counsel for the appellant and to file certain material under seal.
Upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by Curtis Law, PLLC and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal from the order dated August 14, 2023, is granted, and the appeal from the order dated August 14, 2023, is dismissed, without costs or disbursements; and it is further, ORDERED that the branch of the motion by the respondent which is for an award of attorneys' fees is denied; and it is further, ORDERED that the branch of the motion by Curtis Law, PLLC which is for leave to withdraw as counsel for the appellant on the appeal from the order dated August 14, 2023, is denied as academic; and it is further, ORDERED that the branch of the motion by Curtis Law, PLLC which is for leave to withdraw as counsel for the appellant on the appeal from the order dated September 29, 2023, is granted and on or before March 20, 2024, Curtis Law, PLLC, 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 Acting 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 no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further, ORDERED that the branch of the motion which is to file certain material under seal is granted to the extent that the retainer agreement filed in support of the motion shall remain sealed.
DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.