Opinion
Motion Nos. 2022-03921 2022-04091 Index No. 154592/22 Case No. 2022-04163
11-01-2022
Brett Wise, on behalf of himself and all others similarly situated, Plaintiff-Respondent, v. 1614 Madison Partners, LLC, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Justice Presiding, Ellen Gesmer Peter H. Moulton Martin Shulman Julio Rodriguez III, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about August 29, 2022, and said appeal having been perfected, And plaintiff-respondent having moved to strike pages 1081-1320 of the Record on Appeal, as well as those portions of defendant-appellant's opening appeal brief referencing said pages (M-2022-03921), And defendant-appellant having cross moved to enlarge the Record on Appeal to include the records submitted with defendant-appellant's motion to dismiss before the Supreme Court (motion sequence no. 1), and/or for this Court to take judicial notice of such records (M-2022-04091), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is ordered that plaintiff-respondent's motion to strike is denied without prejudice to raising the arguments on appeal (M-2022-03921) and, It is further ordered that defendant-appellant's cross motion to enlarge the Record on appeal is denied (M-2022-04091), and, sua sponte, the perfected appeal is adjourned to the February 2023 Term of this Court.