Opinion
Motion Nos. 2020-08532 2021-04747 Index No. 612361/2017
07-22-2022
Unpublished Opinion
MOTION DECISION
M284131
BETSY BARROS, J.P., CHERYL E. CHAMBERS, HELEN VOUTSINAS, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Nassau County, entered October 27, 2020, and May 28, 2021, respectively. Motion by Genevieve Lane Lopresti, inter alia, for leave to withdraw as counsel for the appellant, for an award of fees and a charging lien, to file certain material under seal, and to extend the time for the appellant to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before August 5, 2022, Genevieve Lane Lopresti shall serve her 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 this Court 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 for an award of fees and a charging lien is denied without prejudice to seeking relief in the Supreme Court, Nassau County; 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 following material filed in support of the motion shall remain sealed: (1) in the affidavit of emergency of Genevieve Lane Lopresti, all of the footnotes and all numbered paragraphs, except paragraphs numbered 1 through 3, 6, 8 through 11, and 36; (2) in the supplemental affidavit of Genevieve Lane Lopresti, paragraphs 4 and 5; (3) in the affidavit of fees of Genevieve Lane Lopresti, the last sentence of paragraph 5; and (4) Exhibits E and F; and that branch of the motion is otherwise denied; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before September 21, 2022, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload digital copies of the reply brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., CHAMBERS, VOUTSINAS and WAN, JJ., concur.