Opinion
2022-60645 Motion 2021-04290
01-20-2022
Stephen Werther, et al., Plaintiffs-Appellants, v. Ellen Ressler Werther, also known as Ellen Werther, Defendant-Respondent. [And Another Action] Index No. 655802/19 Nos. 2021-04377, 202004884
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Cynthia S. Kern Jeffrey K. Oing Tanya R. Kennedy, Justices.
Hon. Rolando T. Acosta, Presiding Justice.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 25, 2020 (Case No. 2020-04884), and the appeal having been decided by decision and order of this Court entered on November 18, 2021 (Appeal No. 14432), And plaintiff-appellant Stephen Werther having moved for an order granting reargument, renewal and/or reconsideration or, in the alternative, for leave to appeal to the Court of Appeals, from the aforesaid November 18, 2021 decision and order of this Court (Case No. 2020-04884), which motion is currently pending (M-2021-04081), And plaintiff-appellant Stephen Werther having now moved to substitute the proper Exhibit D in the aforesaid pending motion, or in the alternative, to adjourn the return date for Motion No. 2021-04081 so that Exhibit D can be refiled (M-2021-04290), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion (M-2021-04290) is granted to the extent that movant is permitted to substitute Exhibit D with the proper exhibit in pending Motion No. 2021-04081.