Opinion
Motion Nos. 2023-05498 2024-00353 2024-00446 2024-00654 2024-00691 Index No. 153436/22 Case No. 2022-05698
02-27-2024
Gina Robinson, Plaintiff-Appellant-Respondent, v. Fashion District Dental, et al., Defendants-Respondents, Dr. David Stein, DMD, and Dr. Jay Rashbaum, DMD, Defendants-Respondents-Appellants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Anil C. Singh, Justice Presiding, Lizbeth González Tanya R. Kennedy Julio Rodriguez III Bahaati E. Pitt-Burke, Justices.
An appeal and cross-appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about December 12, 2022, and the appeal having been perfected, And plaintiff-appellant-respondent, pro se, having moved to reconsider a prior order of this Court entered on October 31, 2023 (Motion No. 2023-04163) that granted her motion for various relief (including for an order (1) settling the record on appeal for all parties to include the motion filed under Motion Sequence Numbers 1 through 6, with their related papers; (2) granting leave to appeal for said relief to the Appellate Term; (3) reinstating the appellant's brief and record on appeal submitted to this Court on June 08, 2023 and stricken by order of this Court entered on August 31, 2023 (Motion No. 2023-03419); and (4) taking judicial notice of the submissions filed under those motion sequence numbers and staying the proceedings in this Court for 60 days), only to the extent of adjourning the appeal and cross-appeal to the March 2024 Term of this Court (Motion No. 2023-05498), And defendants-respondents Fashion District Dental and Dr. Justin Rashbaum, DMD having moved for an order (1) striking the joint record on appeal and corresponding brief filed by plaintiff-appellant-respondent on January 02, 2024; (2) dismissing the appeal with prejudice; and (3) holding plaintiff in contempt, sanctioning her, and directing her to pay attorney's fees pursuant to Judiciary Law §753 and 22 NYCRR 130-1.1 (Motion No. 2024-00353);
And defendants-respondents-appellants Dr. David Stein, DMD, and Dr. Jay Rashbaum, DMD, jointly with defendant-respondent Dr. Michael Abrams, DDS having separately moved for the identical relief sought by defendants-respondents Fashion District Dental and Dr. Justin Rashbaum, DMD (Motion No. 2024-00654), And plaintiff-appellant-respondent, pro se, having cross-moved to both motions by defendants-respondents and defendants-respondents-appellants for an order (1) maintaining the joint record on appeal and corresponding brief filed with this Court on January 02, 2024 as sufficient to perfect the appeal; (2) dismissing the motions by defendants-respondents and defendants-respondents-appellants; and (3) holding defendants-respondents and defendants-respondents-appellants in contempt, sanctioning them, and ordering them to pay her costs and fees, pursuant to Judiciary Law §753 and 22 NYCRR 130-1.1 (Motion Nos. 2024-00446 and 2024-00691), 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 motions by defendants-respondents and defendants-respondents-appellants are granted to the extent of striking plaintiff's joint record on appeal and corresponding brief filed with this Court on January 02, 2024, and directing plaintiff-appellant-respondent to refile the record on appeal and brief in compliance with this Court's order entered on August 31, 2023 (Motion No. 2023-3149), for the September 2024 Term of this Court, to which term the appeal is adjourned, with no further adjournments to be granted, and otherwise, the motions, including the motion for reconsideration filed by plaintiff-appellant-respondent, are denied (Motion Nos. 2023-05498, 2024-00353 and 2024-00654).
It is further ordered that plaintiff-appellant-respondent's cross motions are denied in their entirety (Motion Nos. 2024-00446 and 2024-00691).