Opinion
Motion No: M-5861
12-29-2016
An appeal having been taken to this Court from a judgment of the Supreme Court, New York County, entered on or about April 15, 2015, And, appellate counsel for defendant-appellant having moved to be relieved and to stay all proceedings to allow defendant-appellant time to make a motion for an enlargement of time to perfect said appeal (M-5424), And, defendant-appellant, pro se, having cross-moved for an order directing appellate counsel to turn over her complete file (M-5782), And, plaintiff-respondent having cross-moved to dismiss the appeal unless perfected for the March 2017 Term (M-5786), And, defendant-appellant having moved for an enlargement of time to perfect the aforesaid appeal for the September 2017 Term (M-5861), Now, upon reading and filing the papers with respect to the motions and cross motions, and due deliberation having been had thereon, It is ordered that the motion by appellate counsel is granted to the extent of granting counsel leave to withdraw as counsel (M-5424) and counsel is directed to turn over defendant-appellant's file, although counsel may remove any attorney work product (M-5782). Plaintiff-respondent's motion to dismiss the appeal is granted unless perfected for the May 2017 Term (M-5786). Defendant-appellant's motion for an enlargement of time to perfect the appeal is granted to the extent of enlarging same to the May 2017 Term, with no further motions for enlargements to be granted (M-5861).
ENTERED: December 29, 2016
_____________________ CLERK
PRESENT: Hon. Peter Tom, Justice Presiding, David B. Saxe Rosalyn H. Richter Judith J. Gische, Justices
M-5861
M-5786
M-5782
M-5424
Index No. 350001/12