Order: Ali Baba Hotel Corp. d/b/a AMSTERDAM COURT HOTEL, East Side Inn L.L.C. d/b/a THE MARCEL AT GRAMERCY v. Alexander Prose, Rehan Kapadia, Bella Mandoki, Carlos Carrillo, Thalia Herrera

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                                FILED:         NEW     YORK       COUNTY        CLERK        12/20/2022             03:52        PM                 INDEX    NO.   150993/2022
   NYSCEF     DOC.   NO.   106                                                                                RECEIVED      NYSCEF:     12/20/2022



                                      SUPREME COURT OF THE STATE OF NEW YORK
                                                              NEW YORK COUNTY
                  PRESENT:          HON. NANCY M. BANNON                                      PART                                  42
                                                                                Justice
                  ---------------------------------------------------------------------------------X
                                                                                              INDEX NO.               150993/2022
                    ALI BABA HOTEL CORP. and EAST SIDE INN L.L.C.,
                                                                                              MOTION DATE                  N/A
                                                         Plaintiffs,
                                                                                              MOTION SEQ. NO.              004
                                                  -v-
                    ALEXANDER PROSE, REHAN KAPADIA, BELLA
                                                                                                 DECISION + ORDER ON
                    MANDOKI, CARLOS CARRILLO and THALIA HERRERA,
                                                                                                           MOTION
                                                         Defendants.
                  ---------------------------------------------------------------------------------X

                   The following e-filed documents, listed by NYSCEF document number (Motion 004) 100, 101, 102
                   were read on this motion to/for                             SUBST/RELIEVE/WITHDRAW COUNSEL                       .



                           Upon the foregoing papers, it is hereby,

                           ORDERED that the motion of Michael Farber, Esq. of the firm Farber Schneider Ferrari

                  LLP to be relieved as attorney for defendant Alexander Prose is granted, without opposition,

                  upon the filing of proof of compliance with the following conditions; and it is further

                           ORDERED that said attorney serve a copy of this order with notice of entry upon the

                  former client at the last known address of the client by certified mail, return receipt requested,

                  and by e-mail, if address known, and upon the attorneys for all other parties appearing herein by

                  regular mail at the last known address and by posting to the New York State Courts Electronic

                  Filing System; and it is further

                           ORDERED that, together with the copy of this order with notice of entry served upon the

                  former client, moving counsel shall forward a notice directing the former client to appoint a

                  substitute attorney within 30 days from the date of the mailing of the notice and the client shall

                  comply therewith; and it is further



                   150993/2022  ALI BABA HOTEL CORP. ET AL vs. PROSE, ALEXANDER ET AL                                  Page 1 of 2
                   Motion No. 004



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   FILED:         NEW     YORK       COUNTY        CLERK        12/20/2022             03:52        PM                 INDEX    NO.   150993/2022
   NYSCEF     DOC.   NO.   106                                                                                RECEIVED      NYSCEF:     12/20/2022




                           ORDERED that any new attorney retained by defendant Alexander Prose shall file a

                  notice of appearance with the Clerk of the General Clerk’s Office and the Clerk of the Part within

                  30 days from the date the notice to retain new counsel is mailed; and it is further

                           ORDERED that no further proceedings may be taken against the former client without

                  leave of this court for a period of 30 days after service on the former client of the aforesaid

                  notice to appoint a substitute attorney; and it is further

                           ORDERED that counsel shall turn over the file pertaining to this case upon the fixing of

                  the value of his services and the payment thereof (Yaron v Yaron, 58 AD2d 752) or the posting

                  of a bond for the payment thereof, and it is further

                           ORDERED that the Clerk shall mark the file accordingly.

                           This constitutes the Decision and Order of the court.




                           12/20/2022                                                     $SIG$
                              DATE
                   CHECK ONE:                       CASE DISPOSED                    X   NON-FINAL DISPOSITION

                                                X   GRANTED                DENIED        GRANTED IN PART                  OTHER




                   150993/2022  ALI BABA HOTEL CORP. ET AL vs. PROSE, ALEXANDER ET AL                                  Page 2 of 2
                   Motion No. 004



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