Matter of W. (Anonymous), Hyacinth
Motion No: 2024-07860
Slip Opinion No: 2025 NY Slip Op 61994(U)
Decided on February 3, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M302566

AFA/

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2024-07860

In the Matter of Hyacinth W. (Anonymous).

Jayson W. (Anonymous), petitioner-appellant;

Eliane A. B. (Anonymous), et al., cross-petitioners-

respondents; Brandon L. Freycinet, etc.,

nonparty-respondent.

(Index No. 134060/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated May 15, 2024. Motion by The Virdone Law Firm, P.C., for leave to withdraw as counsel for the appellant, to file certain material under seal, and to extend the time to perfect the appeal.

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 for leave to withdraw as counsel is granted and on or before February 18, 2025, The Virdone Law Firm, P.C., 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 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 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 file certain material under seal is granted to the extent that the affirmation of John Virdone dated December 27, 2024, and exhibits A through N annexed thereto filed in support of the motion, shall remain sealed; 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 April 18, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

GENOVESI, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court