Opinion
2021-72135 Motion 2021-02741
09-23-2021
Esther J. O'Mahony and Ken Foley, etc., et al., Plaintiffs-Respondents, v. Gavin Whiston, Thomas McCarthy, Kieron Slattery, Moxy Restaurant Associates, Inc. and Dubcork Inc., doing business as Smithfield Tavern, Smithfield NYC and Smithfield Hall, Defendants-Appellants. Index No. 652621/14 No. 2021-02912
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Troy K. Webber, Justice Presiding, Angela M. Mazzarelli Lizbeth González Saliann Scarpulla Bahaati E. Pitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 26, 2021, and said appeal having been perfected, And plaintiffs-respondents having moved for an order: (1) striking defendants' appeal; (2) striking the record on appeal on the grounds it is inaccurate and incomplete; and (3) imposing sanctions upon defendants, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to strike the appeal is denied, without prejudice to addressing the issue of appealability directly on appeal; the branch of the motion seeking to strike the record on appeal is granted to the extent of adjourning the perfected appeal to the December 2021 Term of this Court and directing defendants to file a supplemental record containing all of the documents considered by the motion court in deciding Mot. Seq. Nos. 17 and 18, within 15 days of this order. The branch of the motion seeking the imposition of sanctions, is denied.