Opinion
Motion No: CA 14-01300
09-16-2014
CLEARVIEW FARMS LLC, PLAINTIFF-APPELLANT, v. DAVID PAPKE AND MICHELLE OLDS, DEFENDANTS-RESPONDENTS.
PRESENT: , CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 30, 2014, pursuant to 22 NYCRR 130-1.1 (c) and 1000.16, for frivolous and sanctionable conduct, and having moved for costs and disbursements, attorney's fees, and other relief,
Now, upon reading and filing the affirmation of Heidi W. Feinberg, Esq., dated August 21, 2014, the notice of motion with proof of service thereof, and the affirmation of Andrew J. Dick, Esq., dated August 25, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to file and serve a complete record is granted, and the appeal is dismissed unless, on or before October 2, 2014, appellant files and serves a supplemental record containing items 11 through 17 listed in the order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 25, 2014, included in the record, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal on the ground that it is an appeal from an order denying a motion to reargue is denied without prejudice to respondents raising that issue in their brief, if any, and
It is further ORDERED that the motion insofar as it seeks costs and disbursements and attorney's fees is denied with leave for respondents to discuss that issue in their brief, if any, and with leave to renew at oral argument, and
It is further ORDERED that the motion is otherwise denied.
Entered: September 16, 2014
Frances E. Cafarell, Clerk